Indian Penal Code, 1860, Section 467, 468, 471, 167, 120B -- Offence u/ss 467, 468, 471, 167, 120-B IPC - Testimony of complainant and CW1 suffer from material admissions and infirmities - Complainant failed to discharge the burden of proving ownership of dispute shop, alleged forgery of assessment register or any dishonest inducement by accused - Ingredients of offences..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 466, 467, 468, 120B -- Quashing of FIR - Offence u/ss 465, 466, 467, 468, 120-B IPC - Civil suit preferred by complainant and others already stands dismissed - FIR has been registered after a gap of 16 years - Thus, continuation of proceedings emanating out of FIR are nothing but an abuse of..........
Protection of Women From Domestic Violence Act, 2005, Section 31, 33, Criminal Procedure Code, 1973, Section 468 -- Domestic Violence - Complaint u/Ss. 31,33 of DV Act - Applicability of S.468 Cr.P.C. - S.468 only applies to complaint u/Ss. 31, 33 of DV Act and does not apply to any other application under DV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23, Criminal Procedure Code, 1973, Section 468 -- Domestic Violence - Application u/Ss. 12, 23 of DV Act - Applicability of S.468 Cr.P.C - Bar of limitation provided u/s 468 Cr.P.C does not apply to complaint/application u/Ss. 12, 13 of DV Act...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations against appellants are that they entered into a conspiracy with other individuals to fabricate a forged Will after death of testator that was then used to circumvent sale deed - Neither any criminal breach of trust nor any..........
Indian Penal Code, 1860, Section 420, 468, 471 -- Cheating - Forged documents - Material placed on record that allegations are based on conjecture and surmises and are manifestly intended to malign appellants - No dishonest inducement or gain is demonstrated, nor is there any wrongful loss caused to State or a third party - There is no allegation that any of appellants..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 391, 401 -- Offence u/Ss.420, 467, 468, 471, 120-B IPC - Additional evidence at revision stage - Judgment of District Collector - Applicant had filed complaint before District Collector and was aware that judgment had been delivered by District Collector, therefore, applicant..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence u/Ss. 420, 467, 468, 471, 120-B - Acquittal - Forged agriculturist certificate - Testimony of witnesses - Testimony of prosecution witnesses categorically proved that agriculturist certificate was not attached to sale deeds - Testimony of PW7, PW9 and Sub-Registrar, on whose statement prosecution heavily..........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Revision - Cheating - Forged document - Revision court is neither required to interpret provision of Tenancy Act nor determine validity of sale deed, but has to see whether prosecution`s case regarding production of forged agriculturist certificate before..........
Indian Penal Code, 1860, Section 467, 468, 201, 120B, Criminal Procedure Code, 1973, Section 162 -- Offence/Ss. 467, 468, 201, 120-B IPC - Acquittal - Statement of co-accused - Only evidence available against accused is statement made by co-accused before police - However, such statement is inadmissible as per S.162 Cr.P.C, therefore it is impermissible to rely upon..........
