Criminal Procedure Code, 1973, Section 156, 482 -- Transfer of investigation to agency outside State - Special Investigating Team headed by DSP already constituted - Investigation still pending - Civil suits with respect to same dispute are also pending - In these circumstances, Court does not find any good ground to transfer investigation as prayed for - Even otherwise,..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 417, 405, 120B, 34 -- Direction to investigate - Cheating - Dispute between parties is non-sharing of profits arising out of business transaction - However, there is no statement as to what was profits made by accused - Entire transaction is apparently contractual transaction and dispute..........
Criminal Procedure Code, 1973, Section 154, 156 -- FIR - Direction to register FIR and to file final report after investigation - Civil dispute should not be given colour of a criminal offence - However mere pendency of civil proceeding is not a good ground and justification not to register and investigate an FIR if a criminal offence is committed...........
Criminal Procedure Code, 1973, Section 482, 156, 200, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - After execution of agreement to sell and payment of complete consideration amount, original complainant came to know that disputed property was mortgaged with bank and hence he filed case for cheating - However, complainant himself paid mortgage..........
Criminal Procedure Code, 1973, Section 156(3), 200, Indian Penal Code, 1860, Section 441 -- Complaint - Criminal trespass - Complainant not able to show prima facie possession on the property - Civil dispute given colour of criminal case - Complaint dismissed by holding that prima face case not made out even for conducting examination u/s 200 Cr.P.C. - Order of dismissal..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 403, 406, 467, 468 -- Direction for registration of FIR - Offence u/ss 420, 403, 406, 467, 468 IPC - Preliminary enquiry already conducted wherein found that dispute between parties was only of civil nature - Magistrate in such circumstances should call for a fresh report from police..........
Criminal Procedure Code, 1973, Section 482, 156(3), Indian Penal Code, 1860, Section 209, 420, 467, 468, 471, 120B, 506 -- Quashing of criminal proceeding - Dispute between parties is purely and predominantly of a civil nature - Will has been posthumously registered - Whether the Will is forged or genuine has to be decided by Revenue Court and also by Civil Court - Held,..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 463, 464 -- Fabricating and forging mukhtarnama and on the basis thereof execution of sale deed - Magistrate dismissed application u/s 156(3) Cr.P.C. by holding that dispute is of civil nature and contractual as such no cognizable offence is made out - Matter remitted for decision afresh -..........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Application u/s 156(3) Cr.P.C. - Selling of house in excess of share - No allegation that accused had committed any fraudulent act or any forgery or that sale deed was executed by any other person impersonating himself - Dispute is of civil nature - Application failed to disclose commission of any cognizable offence -..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 156(3) -- Civil liability - Complaint before Magistrate u/ss 406/420 IPC - Agreement between complainant and accused that raw coffee was to be supplied by complainant - Coffee was to be cured by accused - Accused got the coffee cured from other curers - Breach of agreement - No allegation..........
