Criminal Procedure Code, 1973, Section 198, 2(d) -- Cognizance of offence - Offence punishable under Chapter XX IPC - No complaint was made in the case - Charge sheet itself is not maintainable - Cognizance order on basis of charge sheet is thus, vitiated - Impugned order to the extent that while summoning of applicants, Court treated the charge sheet as a complaint case..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Loan disbursed on the basis of search report of petitioner being an Advocate and later it was found that same was disbursed to a person who was not having the property which was mortgaged in his own name - However, nothing on record to hold that there was active connivance between petitioner and other..........
Indian Penal Code, 1860, Section 376(2)(N), 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(R), 3(1)(w), 3(2)(5) -- Rape - Settlement - Quashing of charge sheet - Victim is illiterate woman and she allegedly put her thumb impressions on affidavits - However, there was no endorsement on affidavits that contents of affidavits..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 15(c), 18(c), 25, 29 -- Bail - Contraband - Accused implicated primarily on the basis of memorandum of co-accused recorded u/s 27 of Evidence Act and his own memorandum - No recovery has been made from accused and he was not present on the spot at the time of..........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation that accused assaulted deceased after bullets were fired on deceased by co-accused - However, charge u/s 34 IPC has not been framed against accused - Accused convicted only on the basis of statement of PW1 - Deceased had already died when PW1 reached the scene of offence - PW1 in his cross-examination stated that..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution on the basis of charge decree - O.21.R.58 CPC can be invoked by third party only in a situation where there is an attachment of property by Court in execution of a decree...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 377 -- Quashing of proceedings - Offence u/s 377 IPC - Magistrate after hearing prosecution arrived at the conclusion that on the basis of evidence collected by I.O, prima facie case u/s 377 IPC was made out against accused - Therefore, he took cognizance u/s 377 IPC in addition to other..........
Service -- Termination from service - Two charges of misconduct and insubordination were filed against appellant - First charge found proved against appellant on the basis of perverse finding and charge no.2 is only about sending representation to High Court directly without availing proper channel - Order of termination set aside - Appellant thus, reinstated in service..........
Constitution of India, 1950, Article 226 -- Quashing of FIR - Charge sheet filed subsequent to filing of quashing petition - Even if charge sheet is filed, Court can still examine if offences alleged to have been committed were prima facie made out or not on the basis of FIR, chargesheet and other documents...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Quashing of FIR - Offence alleged to be committed on the basis of fabricating and forged documents - However, there is no reference to any document which has been forged - More so, complainant failed to appear before Court to justify the allegations made..........
