Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 408, 218, 409 -- Bail - Offence u/ss 420, 467, 408, 218 & 409 IPC - Accused in jail for one and half years - High Court direction in October, 2007 to complete trial within three months - Trial not yet concluded - Bail granted...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 467, 468, 471, 420, 34, 409, 34 -- Public servant - Sanction for prosecution - Offence u/ss 467, 468, 471, 420/34, 409/34 IPC-Offence of forgery, cheating and criminal misappropriation is not a public duty-Sanction for prosecution is not required...........
Indian Penal Code, 1860, Section 420, 409, Stamp Act, 1899, Section 64, 69 -- Purchase of insurance stamps from outside the State and thus causing loss to the State exchequer - Insurance stamps are the property of the Central Govt. - When stamps are the property of the Central Govt. then it is immaterial whether these are purchased from within the State or outside the..........
Criminal Procedure Code, 1973, Section 409, 420 -- Sale of plot on the basis of power of attorney - Power of attorney had already been cancelled which fact was within the knowledge of accused - Offence u/ss 409 & 420 IPC made out - No ground to quash FIR...........
Indian Penal Code, 1860, Section 409, 420, 468 -- Company - Vicarious liability - Company to be made an accused - Held, that when a person has to be proceeded with as being vicariously liable for the acts of the company the company must be made an accused...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 420, 408 -- FIR - Quashing - FIR not disclosing an offence against respondents No.1 & 2 - Proceedings rightly quashed by High Court...........
Indian Penal Code, 1860, Section 409, 420, 468 -- Company - Vicarious liability - Company to be made an accused - Held, that when a person has to be proceeded with as being vicariously liable for the acts of the company the company must be made an accused...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 420, 408 -- FIR - Quashing - FIR not disclosing an offence against respondents No.1 & 2 - Proceedings rightly quashed by High Court...........
Criminal Procedure Code, 1973, Section 437, Indian Penal Code, 1860, Section 409, 420, Prevention of Corruption Act, 1988, Section 13 -- Bail - Grant of - Prosecution has been able to establish that all accused persons including appellant were hand in glove as appellant and treasury officer got several bills passed which were not in accordance with provision of Bihar..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 420, 467, 468, 471 -- Public servant - Sanction for prosecution - Offence u/ss 409, 420, 467, 468 & 471 IPC - Can by no stretch of imagination, by their vary nature, be regarded as having been committed by a public servant while `acting or purporting to act in discharge of official duty'...........
