Criminal Procedure Code, 1973, Section 482, 173(8), Indian Penal Code, 1860, Section 420, 409, 467, 468 -- Further investigation - Offence u/ss 420, 409, 467, 468 IPC - Allegation of defalcation of goods and misappropriation of stocks from godown of Corporation - Case is of exceptional and special features where High Court was justified in ordering further investigation..........
Indian Penal Code, 1860, Section 420, 409, 467, 468 -- Offence u/ss 420, 409, 467, 468 IPC - Further investigation - Exoneration of accused from departmental proceedings by itself may not be conclusive of criminal investigation and for this fact alone, High Court could not have ignored all other features of case and material factors that had surfaced before it - Further..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Cheating - Forgery - No element of dishonesty from inception specifically when parties have entered into business transaction after understanding terms of MOU/agreement duly signed and without any allegation of forgery in said document - There was thus, no material on record that any offence of forgery was prima..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Prima facie there is no evidence which implicate accused directly/indirectly connected to commission of crime - Accused not in any manner facilitated co-accused either in creating or in fabricating alleged forged degree of B.Ed..........
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...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Second anticipatory bail application - Accused by submitting forged documents had received benefits of a revised pay scale from department and prima facie committed offences in question - Custodial interrogation of accused is required for recovering original documents and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 304, 506 -- Forged and fabricated Will - Quashing of complaint - Ex facie allegations in FIR disclose an offence - Whether persons named in FIR have committed offence or not, has to be decided upon trial in criminal proceedings - High Court fell in error in taking an..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 467, 468, 477A, 120B, Criminal Procedure Code, 1973, Section 228, 401 -- Offence u/ss 13(1)(d), 13(2) of P.C. Act and Ss.420, 467, 468, 477-A, 120-B IPC - Framing of charge - Land in question was irrigated land, which was shown as barren/non-irrigated land due to connivance..........
Indian Penal Code, 1860, Section 120B, 419, 420, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Discharge of accused - There was a meeting of mind between the respondents and other accused, for fulfilling the objective of their criminal conspiracy - There was circumstantial evidence on record, including the statements of the witnesses assigning a..........
