Narcotic Drugs and Psychotropic Substances Act, 1985, Section 5, 16, 27A, 61, 85, Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 439 -- Regular bail - Recovery of 4400 kgs poppy husk - Petitioner neither apprehended on spot nor any recovery effected from his person - Petitioner implicated on basis of disclosure statement of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Anticipatory bail - Second bail application - First bail application of accused dismissed with direction to surrender before Court - Despite surrendering before Court accused moved second bail application - Not fit case to grant anticipatory bail - Bail dismissed...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 423 -- Cheating and forgery - Allegation that accused with the help of his three brothers, forged the signatures of his father and got transferred the tractor in his own name - However, all the brothers of accused were acquitted except accused - More so, signatures in dispute not compared with standard signatures of..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 504, 506, Criminal Procedure Code, 1973, Section 482, 154 -- Quashing of FIR - Offence u/ss 420, 467, 468, 471, 120-B, 504, 506 IPC - Allegations that accused persons sold properties through disputed sale deeds fraudulently - FIR lodged after 19 years of commission of offence - No specific role assigned to..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 406 -- Cheating - Complaint a counter blast to the complaint filed by accused u/s 138 Negotiable Instruments Act - It is a clear case of abuse of process of law - Complaint quashed...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Creation of fraudulent Will and its registration - Will in question also subject matter of civil suit - Civil suit decreed but appeal thereagainst pending - Civil Court had not framed the issue as to whether will was created fraudulently - Held, there is no bar on simultaneous proceeding in the civil as well as..........
Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 - - Offence u/ss 409, 420, 467, 468 & 471 IPC - Allegations made in complaint and evidence adduced in support thereof, even if taken to be in their face value and accepted in its entirety do not constitute prima facie any criminal offence or make out a case against accused..........
Indian Penal Code, 1860, Section 467, 468, 471, 420, 120B -- Creation of fraudulent Will - Petitioner is not the beneficiary of Will in question - Role assigned to petitioner is limited to that of a witness to the alleged Will - Civil suit is already pending which includes cancellation of Will - Proceedings qua petitioner quashed...........
Indian Penal Code, 1860, Section 379, 411, 420, 467, 468, 471 -- Negligence in discharge of official work - At the most it amounts to dereliction of duty but not an offence - Complaint quashed...........
Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 320, 482 -- Quashing of proceedings - Offence u/ss 406, 420, 467, 468, 471, 120B IPC - Amicable settlement between parties - Offences u/s.406 and 420 IPC are compoundable u/s.320 Cr.P.C. - Offences u/s.467, 468, 471 and 120B are not compoundable but S.320 Cr.P.C. does not..........
