Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 498A, 406, 420, 120B -- Anticipatory bail - Bigamy - Husband performed second marriage during subsistence of first marriage - There are no criminal antecedents against husband except present case - High Court not justified in dismissing application of husband only on the basis of petition..........
Indian Penal Code, 1860, Section 406, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Owner of property refusing to execute sale deed and at the same time refusing to refund the amount so received by him - It cannot be said that allegations are predominantly of civil in nature - Criminal intent on the part of accused is involved in the case...........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 498A, 406, 363 -- -Revision - Dismissal of appeal against acquittal - Offence u/ss 498-A, 406, 363 IPC - Appeal filed against judgment of acquittal after almost 2 years - No explanation given for such inordinate delay and petitioner was well versed with the progress of case - It is thus not a..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Quashing of complaint - Cheating - Civil dispute - Breach of contract - It cannot be said that at the time of entering into agreement, there was any intention on the part of appellant to cheat - No suspicion of any nature shown or alleged - No allegation that agreement was..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 498A, 406, 307, 34 -- Recalling of witness - Offence u/ss 498-A, 406, 307, 34 IPC - Evidence of victim is of utmost significance, as she being material witness and sufferer of cruelty and harassment at the hands of accused for their unlawful demand of property or valuable security - Medical..........
Constitution of India, 1950, Article 226, Indian Penal Code, 1860, Section 406, 408, 420 -- Territorial jurisdiction - Petitioner was transferred from Patiala to Shimla in 1991 - Petitioner was charged with embezzlement in 1995 - Petitioner was removed from service by order of removal was passed at New Delhi exercising jurisdiction over Delhi, Punjab & Rajasthan regions -..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 498A, 406, 506, 323, 34 -- Cancellation of anticipatory bail - Offence u/ss 498-A, 406, 506, 323, 34 IPC - Matrimonial dispute - Nothing was said on merits while granting bail to accused and bail was granted as compromise was arrived at between parties - However, conduct of accused was not..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Compounding of offence - Cheating - Criminal conspiracy - Settlement arrived at between parties - There is every possibility of trial ending in acquittal - Since substantive offence punishable u/ss 506, 420 IPC is compoundable u/s 320 Cr.P.C., offence u/s 120-B IPC should..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 384, 420, 120B -- Two FIRs relating to same offence registered at place `U' (Rajasthan) and at place `H'(Haryana) - Complaint resulting in registration of FIR at `U' was prior to the registration of FIR at `H' - While registering FIR at `U' police was not aware about existence of FIR at..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Accused is not liable to be tried again for the same offence u/s 138 of NI..........
