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Tuesday, April 13, 2010

CRIMINAL PROCEDURE CODE, 1973

S.401--Indian Penal Code, 1860, S.279 and 304-A--Motor Accident--Rash and Negligent Driving--Acquittal--Eye witnesses--Alleged witnesses, brother of deceased and Panch neither accompanied injured to hospital or had gone to report matter to Police Station--Ruqa sent by doctor recorded that unknown injured was brought by driver of offending bus--Sequence of events clearly established that no body witnessed occurrence--No other cogent independent evidence to prove that accident had taken place due to rash and negligent driving of petitioner--Accused acquitted.; Zora Singh v. State of Punjab ; 2010(1) Law Herald (P&H) 610
S.401--Indian Penal Code, 1860, S.279 and 304-A--Revision--Rash and Negligent Driving--Conviction--Eye witnesses--FIR--Delay--No explanation as to why alleged eyewitnesses did not report matter to police on same day--Delay of more than 15 hours in recording FIR remained unexplained casts a shadow of doubt on prosecution version--Prosecution failed to prove charge against petitioner, driver of offending bus--Petitioner deserves benefit of reasonable doubt and is acquitted.; Zora Singh v. State of Punjab ; 2010(1) Law Herald (P&H) 610
S.482--Indian Penal Code, 1860, S.307, 324, 323, 148 and 149--Quashing of FIR--Attempt to murder--On basis of compromise--Parties decided to live in peace--No useful purpose would be served in allowing these proceedings to continue--FIR qua petitioner quashed.; Baljinder Singh & Ors. v. State of Punjab & Anr.; 2010(1) Law Herald (P&H) 618
S.482--Indian Penal Code, 1860, S.452, 448, 506 and 151--Quashing of FIR--Criminal Tresspass--Allegations of taking forcible possession of Land--Complainant on civil side lost upto Supreme Court--Earlier FIR lodged against predecessor-in-interest of petition on similar allegation culminated into acquittal of accused--Filing of FIR to defeat vested civil rights of petitioner quashed.; Purshotam Saini & Ors. v. State of Haryana & Anr ; 2010(1) Law Herald (P&H) 577;
S.482--Indian Penal Code, 1860, S.452, 448, 506 and 151--Quashing of FIR--Criminal trespass--Allegations of taking forcible possession of Land--Complainant having lost up to Supreme Court on civil side is abusing process of law and Court by filing FIR so as to defeat vested civil rights of petitioners--Earlier FIR against predecessor-in-interest of petitioner on similar allegations of taking forcible possession of Land culminated in acquittal of all accused persons--Continuance of proceeding would be abuse of process of Court--FIR quashed. ; Purshotam Saini & Ors. v. State of Haryana & Anr ; 2010(1) Law Herald (P&H) 577