Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint or a charge - Court while invoking power u/s 482 Cr.P.C for quashing of complaint or a charge, should not embark upon an enquiry into validity of evidence available - All that Court should see is as to whether there are allegations in complaint which form basis for ingredients that constitute certain..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Advocate on panel of Bank - Issuing false non encumbrance certificate by Advocate - Plea that non encumbrance certificate was issued to extend pecuniary advantage to the farmers - There is no basis on record for making such statement except that non encumbrance certificate was not found proper - There..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Acquittal of co-accused in a separate trial - Cannot be made basis for quashing proceedings against remaining co-accused in view of provisions of Ss.40 to 44 of Evidence Act, particularly when remaining co-accused are absconders - Application dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29 -- Recovery of 36 quintal 95 kg and 300 gms poppy straw - Framing of charge - Recovery effected from truck - Petitioner was not apprehended with truck in which contraband was being plied - He was found involved in the case as being person, which was escorting truck in a Bolero vehicle/car - However, no..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Meticulous analysis of facts and evidence for filing charge sheet or not cannot be gone into in proceedings u/s 482 Cr.P.C, as charge sheet is filed on basis of evidence collected by I.O...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 8, 13(2), 13(1)(d) -- Bail - Cheating - Appellant being member of Parliament and a Senior Member of Bar has strong roots in society and his passport having been surrendered and "look out notice" issued against him - There is no likelihood of..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Assets disproportionate to known source of income - Discharge - High Court allowed discharge application of A-2 and dismissed the discharge application of A-1 by not adverting to fact that charge made against A-2 is also of abetting commission of offence by A-1 - Neither any reasons recorded nor application of..........
Allotment of plot -- Dispute regarding allotment price - Updated price or market price - Appellant as a State is required to act fairly in fixation of price for allotment of a plot - It is a commercial decision taken by appellant fixing price of plot - In the matter of fixation of price, Board has a right to fix such price, more so when such price was accepted by..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Entire prosecution case proceeded on basis that A-4 and A-5 were actual assailants - Charge against present accused was that A-4 and A-5 have conspired with accused - Role of accused is that of conspirators - However, both the Courts below have not found charge of conspiracy proved - Having failed to prove charge of..........
Service -- Removal from service - Order of punishment passed on basis of u, communicated reasons of disagreement recorded in respect of Charge nos.1 and 5 - Though charge No.4 may be sufficient to inflict punishment but it is not necessary that charge No.4 alone will entail punishment of removal from service - It is for Disciplinary Authority to inflict punishment as it..........
