Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 419, 420, 406 -- Quashing of charge sheet - Cheating - Prima facie case made against accused on the perusal of FIR and material collected by I.O on basis of charge sheet was submitted - There appear to be sufficient ground for proceeding against accused - Claim of applicant that being Branch..........
Service -- Inter Company transfer - Respondent had rendered service on regular basis in Old Company from where respondent was transferred to New Company on personal grounds - Service rendered by respondent in Old Company can be and ought to be taken into account for all other purposes, other than for determination of his seniority in New Company - Respondent seniority in..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Abetment of suicide - Material collected by I.O on the basis of which charge sheet has been submitted and on perusal of FIR, prima facie case is made out against accused at this stage and there appears to be sufficient ground for proceeding against accused -..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against maternal uncles of husband - Accused are not immediate family members of husband - Except bald statements nothing else indicating their involvement in the crime was mentioned - Prima facie case against accused has not been made out on..........
Criminal Procedure Code, 1973, Section 228, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 25 -- Framing of charge - Unauthorized use of premise for manufacturing psychotropic substances - Legality of order - At time of framing of charge, Court is obliged to pursue material on record regarding prima facie case against accused - In the instant case,..........
Indian Penal Code, 1860, Section 506, 427, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 506, 427 IPC - Quashing of charge sheet - Entire criminal prosecution inspired by express mala fide - Version in criminal prosecution is full of high improbabilities - Continuation of criminal proceedings on that basis likely to result in abuse of Court's process - Entire..........
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Constitution of India, 1950, Article 227 -- Charge - Order framing charge - Challenge thereto - Stay of proceedings - (i) there is no bar to jurisdiction of the High Court to consider a challenge against an order of framing charge in exceptional situation for correcting a patent error of lack of jurisdiction; (ii)..........
Indian Penal Code, 1860, Section 376, 450, 506 -- Rape - Prosecutrix clearly stated that accused entered inside her house and committed rape on her and gave threat to her not to disclose incident to anybody - On the basis of materials on record, prima facie case u/s 376 IPC is clearly made out - No fault therefore, can be found with I.O in submitting charge sheet u/ss 450,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(B) -- Recovery of intoxicant capsules and intoxicant powder - Accused in first charge sheet found in conscious possession of 180 intoxicant capsules and 220 gms of intoxicant powder - Said charge was amended and accused charge sheeted again and recovered intoxicant capsules reduced from 180 to 160 and there..........
Evidence Act, 1872, Section 8 -- Motive - It is not sine qua non for prosecution that motive must be proved - If facts establishing charge are clear and duly proved on basis of evidence on record then, it is absolutely immaterial that motive is not established...........
