Showing : 911-920 of 2789 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Earlier bail application dismissed by Sessions Judge as "not pressed" - Second bail application u/s 438 is not entertainable by Session Court - Held, impugned order accepting second bail application set aside as not in consonance with law...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 156(3)-- Sanction for prosecution u/s 19 of Prevention of Corruption Act - Once it is noticed that there was no previous sanction, Magistrate cannot order investigation against a public servant while invoking powers u/s 156(3) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 471, 420-- Compounding of offence - Bank loan taken on forged documents - Amount repaid in pursuance to order of Debt Recovery Tribunal - It cannot be said that there is a compromise between the offender and the victim - Held, it is not a ground to quash criminal proceedings...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 195, 482, Indian Penal Code, 1860, Section 180, 188, 417, 421-- Quashing of FIR - Prosecution u/ss 180, 188, 417, 421 and 422 IPC - Held, in view of specific bar u/s 195 Cr.P.C. petitioner cannot be prosecuted, except by complaint in writing filed by public servant - Therefore, lodging of FIR is misuse and abuse of process of law - Impugned FIR quashed -..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401-- Dishonour of cheque - Summoning order - Revision against - Revisionist personally did not have legally enforceable debt or liability towards complainant/opposite party No.2 - Facts of complaint do not disclose ingredients of offence u/s.138 of N.I. Act against revisionist - Summoning order..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 202-- Summoning order - Quashing - Participation of Magistrate was absolutely nil during inquiry - No questions were put to witnesses - Evidence was recorded in a mechanical fashion - Magistrate did not wait for the result of enquiry by the police which he himself had ordered - Magistrate should have..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Foreign Exchange Regulation Act, 1973, Section 56, 61, 62, Criminal Procedure Code, 1973, Section 407, 439- - Offence under the Act - Held, not exclusively triable by Magistrate of 1st class - Transfer of case to special Judge not illegal - It does not have effect of taking away right of appeal - Appeal from order of Special Judge can be preferred to High Court...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 190, 200-- Cognizance of offence u/ss 304(Part II) read with S.149 IPC taken at the instance of Addl. Sessions Judge - Held, Addl. Sessions Judge should not have indicated the provisions under which the offence was to be considered - Rather he should have remanded the matter back to the Court below for..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of order - Offence u/ss. 419, 468, 471 & 34 IPC - Order taking cognizance - Advocate-petitioner obtained bail order for an accused from Sessions Court and bail bond was presented before Magistrate - Surety impersonated himself in bail bond which was accepted and accused was released - No..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 438, 482-- Inherent powers - Exercise of - Petitioner sought to expunge word `absconder' from charge-sheet - He was charged u/ss 381, 411 IPC for stealing away some valuable articles from godown of informant - Petitioner was under protective umbrella of S.438 by getting anticipatory bail - Non-communication..........

Showing : 911-920 of 2789 Results