Indian Penal Code, 1860, Section 466, 467, 468, 471, 120B -- Reduction of sentence - Offence u/ss 466, 467, 468, 471, 120-B IPC - High Court reduced sentence to period already undergone by accused persons without taking into consideration factors regarding reduction of sentence - Order of High Court set aside - Matter remitted to High Court for passing appropriate order in..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 423 -- Cheating and forgery - Allegation that accused with the help of his three brothers, forged the signatures of his father and got transferred the tractor in his own name - However, all the brothers of accused were acquitted except accused - More so, signatures in dispute not compared with standard signatures of..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 468, 471, 477A, 120B -- Offence u/s 13(2) & 13(1)(d) of P.C. Act 1988 and Ss.420, 468, 471, 477A, 120-B IPC - Allegation that accused No.1 made false entries in furniture account and issued a false certificate to enable accused No.2 to receive funds from Panchayat - Simply..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Complaint u/s 323 IPC - For the purposes of computing the period of limitation u/s 468 Cr.P.C., relevant date is to be determined with reference to date of incident and date of filing of complaint and not the date on which Magistrate takes cognizance - Since complaint filed on 24.1.2008 with reference to an..........
Indian Penal Code, 1860, Section 468 -- Forgery - Quashing of charge - Prosecution contended that petitioner forged the documents of treatment for the purpose of cheating - Date, time of death of patient, issuance of death certificate with such information or authorization on behalf of petitioner is a matter of evidence and can be decided only upon evidence is adduced by..........
Indian Penal Code, 1860, Section 420, 468, 447, 474, 466, 166, 120B, 34 -- Private complaint - Offences u/ss 420, 468, 447, 474, 466, 166, 120-B, 24 IPC - Quashing of proceedings - Nature of dispute being of civil nature by itself is no ground to quash the proceedings - It is only after collection of evidence, real nature of dispute can be found - Proceedings cannot be..........
Indian Penal Code, 1860, Section 323, Criminal Procedure Code, 1973, Section 468(2)(b) -- Offence u/s 323 IPC - Limitation - Prescribed period of limitation is one year - Charge sheet presented after 1-1/2 years of its registration - Held, FIR is time barred...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 504, 506, Criminal Procedure Code, 1973, Section 482, 154 -- Quashing of FIR - Offence u/ss 420, 467, 468, 471, 120-B, 504, 506 IPC - Allegations that accused persons sold properties through disputed sale deeds fraudulently - FIR lodged after 19 years of commission of offence - No specific role assigned to..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 468, 477A -- Sanction for prosecution - Offence u/ss 420, 468 & 477 IPC - Alleged indulgence of officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabricate records or permit evasion of..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 406 -- Cheating - Complaint a counter blast to the complaint filed by accused u/s 138 Negotiable Instruments Act - It is a clear case of abuse of process of law - Complaint quashed...........
