Criminal Procedure Code, 1973, Section 227, Central Excise Rules, 1944, Rule 56A -- Discharge - Evasion of duty - Omission of procedural rule for availing credit - Cannot affect the charge as it applies to future action and not to continuing action - Prosecution cannot be deprived of opportunity to prove offence of evasion - Order quashing charge merely on ground of R.56-A..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Misappropriate of Stridhan property - Continuing offence - So long as stridhan property remains in the hands of accused persons, offence of criminal breach of trust continues to take place and fresh period of limitation shall begin to run...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406 -- Quashing of proceedings - Offence u/ss 498-A, 406 IPC - Complainant only citing incidents of unhappiness with her husband/accused - Allegations in complaint and charge sheet does not satisfy ingredients of alleged offences - Uncontroverted allegations against accused do not disclose..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 166, 167, 120B -- Quashing of FIR - Offence u/ss 420, 467, 468, 471, 166, 167, 120-B IPC - Family dispute - Allegation that mutation entries wrongly recorded by illegal act of accused - Admittedly, civil and revenue proceedings regarding wrong mutation entries continuing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 255, 256, 257, 258, 259, Prevention of Corruption Act, 1988, Section 7, 13(2) -- Bail - Cheating - Forgery - Allegation against accused are regarding forgery etc. and his stamp vending licence was cancelled by State - No other offence against petitioner - There is thus, no..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 506, 509, 354B -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 506, 509, 354-B IPC - Parties settled their dispute amicably - Accused tendered his unconditional apology in writing to complainant, which has been accepted by her - Complainant does not want to continue with..........
Rajasthan Agricultural Produce Market Act, 1961, Section 17, 28 -- Non payment of market fee u/s 28 of the Act - Amounts to continuing offence...........
Criminal Procedure Code, 1973, Section 467, 468, 472, Rajasthan Agricultural Produce Market Act, 1961, Section 17, 28 -- Non payment of market fee u/s 28 of the Act - Continuing offence - Bar of limitation for cognizance - Complaint was filed after expiry of period of limitation - Offence being continuing offence it falls outside the mandate of S.468 Cr.P.C. - Complaint..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Criminal Procedure Code, 1973, Section 212, 219, 221, 300, Constitution of India, 1950, Article 20(2) -- Double jeopardy - Joint trail - Fodder scam - There was conspiracy hatched which was continuing one and has resulted into various offences - It was joined from time to time by different accused persons, so..........
Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - Defalcations made in various years by combination of different accused - There was conspiracy hatched which was continuing one and resulted into various offences - It was joined from time to time by different accused, so whenever an offence is committed in..........
