Indian Penal Code, 1860, Section 302, 307, 409, 420, 406, 467, 468, 109, 201, 188, 120B, Arms Act, 1959, Section 27, 54, 59, Criminal Procedure Code, 1973, Section 439 -- Murder - Bail - No tangible material to indicate that delivery of revolver to assailant was actually by petitioner's son and not petitioner himself - Implicating petitioner in alleged conspiracy when..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B, 409, 477A -- Bail - Offence u/ss 420, 406, 467, 468, 471, 120-B, 409, 477-A - Investigation continued for a period of four years and petitioner was never arrested - As now challan has been presented and as such custodial interrogation of petitioner is not required -..........
Indian Penal Code, 1860, Section 406, 407, 409, 468, 471, 420, 120B -- Offence u/s 406, 407, 409, 468, 471, 420, 120-B IPC - Framing of charges and continuation of criminal proceeding against petitioner after exonerating him from departmental inquiry on similar charge amounts to abuse of process of Court - Moreover, co-accused have already been acquitted by trial Court and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 467, 409, 471, 201 -- Bail - Offence u/ss 406, 420, 467, 409, 471, 201 - As per the allegations petitioner on the basis of forged documents treated the amount as donation and same deposited in the account of accused persons - However, said fact has been denied by the petitioner on the..........
Indian Penal Code, 1860, Section 406, 409, 418, 420 -- Offence u/ss 406, 409, 418, 420 IPC - Business dealings with petitioner not denied by de-facto complainant - De facto complainant permitted accused to investigate their monies in stock market - Issue as to whether accused mismanaged in such investment or not is a triable issue which is subject matter of civil suit..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 409, 419, 420, 506 -- Quashing of complaint - Offence u/ss 406, 409, 419, 420, 506 IPC - Compromise arrived between parties and both parties agreed to part away each other - No date fixed for filing divorce petition in compromise - Time taken by Court while recording evidence and deciding..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Quashing of complaint - Cheating - Civil dispute - Breach of contract - It cannot be said that at the time of entering into agreement, there was any intention on the part of appellant to cheat - No suspicion of any nature shown or alleged - No allegation that agreement was..........
Indian Penal Code, 1860, Section 406, 409, 120B -- Accused on the basis of false and fraudulent documents made a claim which leads to award of compensation in land acquisition matter - Interest of State is certainly compromised or adversely effected - Matter cannot be termed as a civil dispute simplictor - Crime was therefore rightly registered - No reason to quash the..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 406, 408, 409, 477A, 120B -- Misappropriation of huge amounts of Association by musing position as office bearers - Compounding of offence - Allegations not purely of a personal nature - It is not the case of accused that final report does not contain adequate material to substantive the..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 406, 409, 420, 120B -- Prosecution of a public servant under Prevention of Corruption Act and offences under IPC - Exoneration in departmental proceedings on same charges - Does not ipso facto lead to acquittal of accused in the criminal trial...........
