Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471 -- Sanction for prosecution - Cheating - Act committed by accused cannot be said to have been committed by him while acting or purporting to act in discharge of his official duty - Sanction u/s 197 Cr.P.C. for prosecution of accused not required...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 120B -- Cancellation of bail - Cheating - Forgery - Criminal conspiracy - Petitioner indulged in large scale racketing of issuing various degrees, diplomas and other certificates without having any authority, thereby duping and robbing innocent students of their hard earned money -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - Forged Will - Matter is sub judice in Civil Court regarding genuineness of disputed Will - Institution of criminal proceedings therefore, on the allegation that Will is forged one would be abuse of process of law - Criminal proceedings..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 386, 504, 506, 120B -- Bail - Cheating - Forgery - Criminal Conspiracy - Accused a practicing lawyer alleged that he was falsely implicated on account of police enmity - Criminal history of accused produced on record - Co-accused already granted bail - Prima facie case for bail..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 506, 120B -- Cheating - Quashing of proceedings - Allegation that co-sharer executed sale deed in favour of petitioner in excess of his share - As per material on record no fraud or deception has been caused by petitioner or co accused on informant - Dispute is purely of civil..........
Criminal Procedure Code, 1973, Section 228, 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Order framing charge - Offence u/ss 420, 467, 468, 471, 120-B IPC - Prima facie case for framing charge against petitioners found on record - Matter examined by two Courts below and there is no inkling in the order that trial Court has not examined the matter and..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Lawyer - False legal opinion to Bank - For such a wrong lawyer cannot be prosecuted as it does not amount to any criminal culpability - Lawyer at the most may be liable for gross negligence or professional misconduct, if it is established by evidence...........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - False legal opinion to Bank - Lawyer cannot be prosecuted merely on the basis of his professional advice in absence of plea of his conspiracy with the loanee or that he had direct link with them...........
Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Will - Issue about forgery and fraud regarding Will decided on merits by civil Court - FIR on same allegations that Will was forged and fabricated - Cannot be allowed - FIR quashed...........
Criminal Procedure Code, 1973, Section 190(1)(b), 173(2), (8), Indian Penal Code, 1860, Section 420, 467, 468, 471, 431, 432, 120B -- Cognizance of offence by Magistrate - Police report - Further investigation - Even after submission of report, investigating agency may continue investigation and may submit supplemental report, as law does not mandate taking of prior..........
