Criminal Procedure Code, 1973, Section 468 -- Limitation - Computing of period of limitation - Relevant date for purpose of computing period of limitation u/s 468 Cr.P.C is `date of filing of complaint or institution of prosecution' and not the date on which Magistrate takes cognizance - Expression `date of institution' would also include within its ambit institution of..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Computing of period of limitation is date of institution of prosecution - Complainant cannot be non-suited for any subsequent delay in taking cognizance, issuing process or any other action contemplated under law for which the informant/complainant has no control...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468 -- Quashing of FIR - Compromise - Cheating - Compromise with a person who is not competent to compound the offence u/s 420 IPC as he is not a person cheated and remaining offences u/ss 467 & 468 IPC are not compoundable - Moreover, grounds raised in petition for quashing already..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 419, 418, 405, 467, 468, 471, 474, 120B, 34 -- Anticipatory bail - Cheating - Fraudulent misappropriation of funds - Serious allegations against accused of fraudulent misappropriation of amounts intended to be paid by company to farmers affected by work of road widening being undertaken by..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(4), 3(15), 3(5) -- Sanction for prosecution - Cheating - Forgery - Official work assigned to accused fell within his domain of work - Role assigned to accused in the case is..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence u/ss 420, 467, 468, 471, 120-B IPC - Quashing of summoning order - Trial Court had not only taken cognizance of offence but also rejected the discharge application filed by accused - High Court in view of subsequent development after rejection of discharge application, should not have interfered in said..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(a), Indian Penal Code, 1860, Section 465, 468, 471, 120B -- Anticipatory bail - On basis of parity - Embezzlement of public money - Petitioner is mastermind behind entire operation conducted for embezzlement of money - He allegedly played a prominent role in the matter of..........
Indian Penal Code, 1860, Section 420, 468, 120B -- Cheating - Forged document - Quashing of charge sheet - Allegation that accused have forged certain documents to change surname of his son in school record - However, during investigation, I.O has failed to collect any evidence to show that even a single document was prepared by accused for purpose of cheating - Charge..........
Indian Penal Code, 1860, Section 420, 467, 468, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Compromise - Property dispute between close relatives - FIR is outcome of a civil nature - With the present stand of parties in terms of their settlement, there is practically no chance of recording conviction - In other words, entire exercise of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B, Information Technology Act, 2000, Section 66 -- Bail - Cheating - Fake degree racket - Petitioners had created fake domains, fake websites of not only complainant university but of numerous other educational institutions/universities throughout country and..........
