Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 255, 256, 257, 258, 259, Prevention of Corruption Act, 1988, Section 7, 13(2) -- Bail - Cheating - Forgery - Allegation against accused are regarding forgery etc. and his stamp vending licence was cancelled by State - No other offence against petitioner - There is thus, no..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Indian Penal Code, 1860, Section 489C, 201, 120B -- Bail - Parity basis - Recovery of 2 kg 600 gms opium - Secret information - Police got clue from accused `T' who gave secret information - Role of accused `T' was confined to part of conspiracy whereby police..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Indian Penal Code, 1860, Section 489C, 201, 120B -- Bail - Recovery of 2 kg 600 gms opium - Petitioners are main accused on whose behest entire conspiracy was allegedly hatched to falsely implicate accused `B' - Allegation against petitioners is that they..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(g), 354, 384, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 3(2)(v), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12 -- Bail - Rape - Prosecutrix totally gave up allegations levelled against co-accused and was..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Wrong entries in the mutation record - Mutation entries are fiscal entries and do not create any right in the property - Criminal prosecution for the same amounts to abuse of process of law - FIR quashed - Petition allowed...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 420, 406, 417, 465, 467, 468, 471, 120B -- Direction for registration of FIR - FIR u/ss 379, 420, 406, 417, 465, 467, 468, 471, 120-B IPC - DDR for loss of document including signed cheques were registered in 2007 by husband of complainant - Whereas cheque in question was issued in 2009,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 423, 464, 471, 447, 427, 120B -- Quashing of FIR - Agreement to sell - Not honoured - FIR used only as a mode to execute the agreement in question - On the face of it, FIR does not constitute the offence u/ss 120-B, 418, 420, 423, 464, 471, 447 & 427 IPC - FIR with all consequential..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 367 -- Cognizance of offence - As per FIR and statement of complainant, grievous hurt was caused at the time of kidnapping - Moreover, once prosecution has accepted that accused has committed offence of causing grievous hurt and kidnapping than ingredients of S.367 IPC are fulfilled - Order of..........
Criminal Procedure Code, 1973, Section 177, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Territorial jurisdiction - Dowry demand - Wife was forced to leave her matrimonial home at `M' - Wife returned back to her parental home in `S' and filed complaint there - Since, consequence of offence which was committed at `M' occurred at `S',..........
Criminal Procedure Code, 1973, Section 28(3), 407, Indian Penal Code, 1860, Section 313, 326 -- Power of Session Court to pass sentence - As per S.28(3) Cr.P.C. Assistant Session Judge is not empowered to pass sentence of imprisonment for life or for imprisonment for term exceeding 10 years - However, in the instant case, petitioner is charge-sheeted for offence u/ss 313,..........
