Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Second anticipatory bail application - Cheating - Custodial interrogation of applicants is required for recovery of cash and gold jewellery both together amounting to approximately Rs.1.10 Crores - There is no ground for grant of anticipatory bail to applicants at this stage -..........
Indian Penal Code, 1860, Section 376, 420, Criminal Procedure Code, 1973, Section 482 -- Rape - Consensual physical relationship on an assurance of marriage for a considerable period of time - For some reason, the parties fell apart - It can happen both before or after marriage - Complaint filed after three years - Permitting further proceedings under FIR would amount to..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No intention on the part of accused to deceive complainant at the time of execution of work contract between parties - Action of parties have been circumscribed within terms and conditions of said agreement - No ingredients of cheating u/s 415 IPC can be found..........
Indian Penal Code, 1860, Section 420, 466, 465, 468, 471, 211, 511 -- Cheating - Company - Prosecution of power of Attorney - Company not arraigned as an accused - Prosecution specifically making allegations against Power of Attorney - Petitioner who claims himself to be Power of Agent of Company had alone acted, forged and submitted letter and he in fact signed pleadings..........
Indian Penal Code, 1860, Section 420, 466, 465, 468, 471, 211, 511, Criminal Procedure Code, 1973, Section 227 -- Cheating - Discharge - Statement of witnesses and I.O. prima facie disclosing materials to proceed against accused - Discharge application rightly dismissed...........
Indian Penal Code, 1860, Section 420, 409, 474, 471, 477A, 109, 120B, Prevention of Corruption Act, 1988, Section 13(i)(d), 7 -- Selling and using bus tickets got printed by the accused of their own and thus causing loss to the Govt. - Recovery of tickets not made in accordance with law, nor the seized tickets could be connected to the three different buses and the..........
Indian Penal Code, 1860, Section 306, 420, 120B -- Abetment of suicide - Suicide note neither paginated, nor same bears any signatures - It casts a serious doubt upon prosecution case that said letter was written by deceased himself, immediately before committing suicide...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 506, 120B -- Anticipatory bail - Offence u/ss 420, 506, 120-B IPC - Petitioner is a young boy aged just 16 years and after considering allegations, and in facts and circumstances peculiar to petitioner, on this ground alone he is entitled to bail - Furthermore, petitioner is a first offender..........
Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 2, 3, 3A, 4, 5, 6, 23, 29, Indian Penal Code, 1860, Section 420, 120B -- Bail - Offence u/ss 2, 3, 3-A, 4, 5, 6, 23, 29 of the Act and Ss. 420, 120-B IPC - Entire recovery is effected from co-accused and that there was no reason for any..........
Criminal Procedure Code, 1973, Section 482, 4, 5, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Delay in lodging FIR - Ss.4 & 5 Cr.P.C. not applicable as it is criminal jurisdiction which is invoked and not jurisdiction u/s 138 Negotiable Instruments Act - FIR cannot be said to be belated as Ss.420, 406, 120-B IPC permits lodgement of FIR within..........
