Indian Penal Code, 1860, Section 420, 418, 406, 408, 409, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Respondent in his own statement acknowledges the possibility that he had received money from A-1 which the latter has also alluded to, there prima facie appears to be a connection - It was on A-1's recommendation that..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 408, 409 -- Anticipatory bail - Offence u/ss 408, 409 IPC - Material available during investigation as per FIR/complaint would show that offence is made out against accused - Nature and gravity of offence and role played by accused disentitle accused to grant of anticipatory bail - Accused has..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 408, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Anticipatory bail - Cheating - Petitioner is joining and co-operating investigation - He is not in a position to tamper with prosecution evidence nor in a position to flee from justice, as he is permanent resident of..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 406, 408, 409, 477A, 120B -- Misappropriation of huge amounts of Association by musing position as office bearers - Compounding of offence - Allegations not purely of a personal nature - It is not the case of accused that final report does not contain adequate material to substantive the..........
Indian Penal Code, 1860, Section 408, 409, 420 -- Criminal Breach of trust by clerk - Cheating - Proof - Allegations against accused who is lower division clerk that he received money from consumer for electricity bill but not credited amount - Incharge of electricity department was very clear that at relevant time petitioner was deputed to act as Cashier and to receive..........
Indian Penal Code, 1860, Section 408, 409 -- Misappropriation by an accountant - Offence falls u/s 408 and not u/s 409 IPC...........
Criminal Procedure Code, 1973, Section 408, 409 -- Transfer of case on the ground of bias - Judge made some remarks in the course of proceedings - Transfer of case sought - Held, conduct of the Judge cannot be termed as biased approach creating a valid base for recording the conclusion of reasonable apprehension in the mind of the parties to the proceedings that they shall..........
Criminal Procedure Code, 1973, Section 408, 409 -- Transfer of case - Supreme Court assigned powers of selection of Judicial Officers to the Chief Justice of High Court for conducting trial - Chief Justice selected senior Judicial Officers for the purpose of conducting trial - Held, Principal Sessions Judge cannot exercise power for transfer of case to another Sessions..........
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 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...........
