Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Grant of - Bail sought on the ground that as offence is being tried by Magistrate, despite expiry of 60 days from the first date of evidence and without there being any fault on the part of petitioner evidence is not concluded - Held, looking into allegations..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 448, 420, 406, 467, 468, 471, 506, 120B -- Bail - Offence u/ss 341, 448, 420, 406, 467, 468, 471, 506 & 120-B - Investigation against other accused still not completed - Held, taking into consideration over all facts and circumstances of case as revealed from evidence on record collected..........
Prevention of Corruption Act, 1988, Section 7, 12, 13, 19, Indian Penal Code, 1860, Section 120B, 468, 471, Criminal Procedure Code, 1973, Section 197, 239 -- Offence u/ss 7, 12, 13(2) of Prevention of Corruption Act and Ss.120-B, 468, 471 IPC - When a specific plea as to sanction u/s 197 Cr.P.C. is raised in a petition for discharge, Special Judge is duty bound to advert..........
Indian Penal Code, 1860, Section 120B -- Conspiracy - Meeting of minds of two or more persons for doing an illegal act or an act by illegal means is sine qua non of the criminal conspiracy - However, it may not be possible to prove the agreement between them by direct proof - Existence of the conspiracy and its objective can be inferred from the surrounding circumstances..........
Indian Penal Code, 1860, Section 420, 120B, 406, Criminal Procedure Code, 1973, Section 482 -- Goods not supplied inspite of payment of advance - Neither goods supplied nor money returned - A cheque was issued which was dishonoured - Held, offence, if any, is covered u/s 138 Negotiable Instruments Act - Complaint u/ss 420, 120-B, 406 IPC is not maintainable - Filing of..........
Indian Penal Code, 1860, Section 120B, 121, 121A, 186, 353, 302, 468, 471, 474, 420, Arms Act, 1959, Section 25, Explosive Substances Act, 1908, Section 4, Foreigners Act, 1946, Section 14 -- Militant attack on Lal Quila - Appellant was responsible for incident of shooting inside Lal Quila (Red Fort) which resulted in death of three soldiers of Army - Incident was result..........
Indian Penal Code, 1860, Section 120B, 121, 121A, 186, 353, 302, 468, 471, 474, 420, Arms Act, 1959, Section 25, Explosive Substances Act, 1908, Section 4, Foreigners Act, 1946, Section 14 -- Militant attack on Lal Quila - Criminal conspiracy - Proof - Held, once prosecution proves that there was meeting of minds between two persons to commit crime, there would be an..........
Indian Penal Code, 1860, Section 120B, 121, 121A, 186, 353, 302, 468, 471, 474, 420, Arms Act, 1959, Section 25, Explosive Substances Act, 1908, Section 4, Foreigners Act, 1946, Section 14 -- Militant attack on Lal Quila - Death sentence - Validity - Attack on Indian Army unit stationed in Red Fort resulting in death of three persons - Held, attack amounts to waging war..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 420, 120-B - Complaint filed alleging cheating - Matter involved of civil dispute relating to a contract - Held, when matter involved is purely of civil nature then criminal proceedings cannot continue - Order taking cognizance quashed...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Framing of charge - Factor to be considered - Held, in cases of conspiracy direct evidence is difficult to find as conspiracy is hatched in secrecy - There has to be some prima facie evidence to show that there was a criminal conspiracy...........
