https://www.taxtmi.com/caselaws?id=299181 Section 308/34 IPC requires prima facie material showing intention or knowledge to commit culpable homicide not amounting to murder; simple injuries, absence of head injury, no allegation of intent to cause death, and a mutual scuffle did not sustain that charge, warranting discharge. Section 323/34 IPC, being non-cognizable, could not be investigated or continued without prior Magistrate permission under Section 155(2) CrPC. The initial inclusion of cognizable allegations in the FIR did not cure that defect after the cognizable charge failed, so the Section 323/34 proceedings were quashed. en-us Tue, 01 Oct 1996 00:00:00 +0530 Mon, 06 Dec 2021 11:48:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299181 Section 308/34 IPC requires prima facie material showing intention or knowledge to commit culpable homicide not amounting to murder; simple injuries, absence of head injury, no allegation of intent to cause death, and a mutual scuffle did not sustain that charge, warranting discharge. Section 323/34 IPC, being non-cognizable, could not be investigated or continued without prior Magistrate permission under Section 155(2) CrPC. The initial inclusion of cognizable allegations in the FIR did not cure that defect after the cognizable charge failed, so the Section 323/34 proceedings were quashed. Case-Laws Indian Laws Tue, 01 Oct 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299181