Indian Penal Code, 1860, Section 420, 166, 167, 463, 464, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner, Sub-Divisional Officer, exercising jurisdiction under Rajasthan Tenancy Act and Land Revenue Act alleged to have conspired with other accused persons and got mutation in name of plaintiff for wrongful gains - No allegations made in FIR that..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 448 -- Anticipatory Bail - Cheating - Preparing false rent deed - Offence based on documents which are already in possession of investigating officer - Investigation is complete - Custodial interrogation of petitioner is not warranted - Held, in event of arrest, petitioner shall be released..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Appeal against conviction - Accused acquitted as (1) the informant, deceased and witnesses were sitting together but except deceased nobody else sustained any injury; (2) Neither the van nor the weapon could be recovered by the IO; (3) Oscular testimony is irreconcilably contradicted by medical evidence; (4) Two..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegation against wife is that her conduct and behaviour is changed after joining service as a constable and that she intended to marry some glorious personality in the police department - This is without any substance because the name & parentage of that glorious personality has not been unfolded by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegation by husband against wife that she was seen in the company of an unknown person - No evidence to prove this fact - Unfounded and false allegation amounts to cruelty...........
Indian Penal Code, 1860, Section 313, 323, 342, 315 -- Causing miscarriage without women's consent - Conviction - Validity - Accused persons alleged to have assaulted complainant's daughter-i, law with fists and slaps, as she uprooted piece of sugarcane from field of accused, as result of which she suffered miscarriage - No positive medical report by competent doctor -..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust and cheating - Quashing of proceedings - Sale of joint property by suppressing certain facts - Nothing on record to show that complainant was dishonestly induced to deliver the property in question by making false or misleading representation - No..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 193, 194, 195, 196, 200 -- Offence punishable u/ss 193 to 196 and 200 IPC - Cognizance can be taken only upon a complaint in writing, by Court before whom such false evidence has been given, or by an officer of such Court - FIR is not maintainable...........
Criminal Procedure Code, 1973, Section 195, 340 -- Prosecution for perjury - Validity - Held, prosecution for perjury is required only where perjury appears to be deliberate and conscious and conviction is reasonable, probable or likely - In present case, complaint filed after about 4 years on basis of mere impression that deposition on affidavit by respondent is false -..........
Indian Penal Code, 1860, Section 420 -- Cheating and breach of agreement - A civil wrong arising out of a breach of agreement may also gave rise to an offence of cheating when the facts disclose that a party to the agreement was induced to enter into the same and part with property on the basis of false and dishonest representation at the inception of the transaction...........
