Criminal Procedure Code, 1973, Section 406 -- Transfer of case from one State to another - Surcharged atmosphere - General allegation of surcharged atmosphere is not sufficient - Apprehension of not getting a fair and impartial trial cannot be founded on certain grievances or convenience of accused, but reasons have to be more compelling than that...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case from one State to another - Surcharged atmosphere - Petitioners sought transfer of case from State of Punjab to any other State - Few instances mentioned by petitioners may suggest heightened feelings amongst different groups but they do not call for transfer of proceedings to another State - Moreover, it..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - An act of breach of trust simpliciter involves a civil wrong of which the person wronged may seek his redress for damages in a civil court but a breach of trust with mens rea gives rise to a criminal prosecution as well - Dishonest intention is an essential element to constitute an offence of criminal..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Entrustment of vehicle for repairs - Where it is proved that vehicle is entrusted to accused, same itself is sufficient to attract offence u/s 406 IPC - It is not necessary to prove ownership of vehicle to prove an offence u/s 406 IPC...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Civil and criminal wrong - Entrustment of vehicle for repairs - Prosecution failed to trace out vehicle - No case for prosecution that accused dismantled vehicle for purpose of destroying evidence - Nothing on record to show that accused received vehicle with mala fide intention of misappropriating the same..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Dispute has traits of a civil dispute - Complainant cannot allege cheating or criminal breach of trust against petitioner on basis of agreement to sell - In fact petitioner was never a party to said agreement to sell - Application held, allowed subject to..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - While considering plea for transfer, convenience of parties would be a relevant consideration...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Transfer power u/s 406 Cr.P.C is to be invoked sparingly - Only when fair justice is in peril that a plea of transfer might be considered...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of three cases - Petitioner apprehension is that on account of his work as investigative journalist against Ruling dispensation, State is targeting him for vindictive prosecution - However, two of cases are property and Will related matters and one of this case is pending for last over a decade - It is thus, difficult..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 384, 120B -- Anticipatory bail - Cheating - Long standing dispute between complainant and petitioners - They have entered into compromise and parties agreed to withdraw all criminal cases pending between them and get all proceedings dropped at whatever stages they are pending -..........
