Indian Penal Code, 1860, Section 408, 467, 468, 471 -- Misappropriation of public fund by making false entries in Pass Books of account Holders of Post office - Out of 19 witnesses only 13 witnesses have been examined as account Holder's witnesses - However, none of these witnesses except PW13 is the account holder of those account numbers, which were put to accused in..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Agreement to sell - Dispute cannot be said to be civil nature as on the date of agreement to sell property was already mortgaged with bank which fact was concealed - Fact that accused surrendering land with Municipal Council and obtaining patta for said land was also concealed by accused - No..........
Criminal Procedure Code, 1973, Section 468, Drugs and Cosmetics Act, 1940, Section 27(d) -- Limitation - Recovery of eye drop - Samples were taken in July 1984 and report of same received in May 1987 - Complaint filed in 1992 after expiry of shelf life of Drug - Certain crystalline particles were seen in sample, same thus, falls u/s 27(d) of the Act of 1940 - Maximum..........
Indian Penal Code, 1860, Section 465, 468, 471, 482, 34 -- Forgery - Accused by portraying himself as spiritual head by a section of community and by making a statement which was apparently incorrect, cannot be held responsible for having committed offence of forgery - If there was an injunction restraining accused from acting said spiritual head, party aggrieved can..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 304B, 201, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Cheating - Opening of fictitious account in Bank without proper verification in accordance with banking regulations and deposits in the same and withdrawals by bank employees - CFSL Officer deposed that account opening form of fictitious account..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 468, 482 -- Cruelty - Limitation - Quashing of complaint - Complaint u/ss 498-A, 420, 406, 324, 506 IPC - Wife filed complaint against husband after delay of 8 years - Bar u/s 468 Cr.P.C not applies to offence u/s 498-A IPC, as it is in the nature of continuing offence - Even..........
Criminal Procedure Code, 1973, Section 389, 437, 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 473, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Bail during pendency of appeal - Active involvement of accused in the offence - Keeping in view the magnitude of the offence, bail during pendency of appeal declined...........
Criminal Procedure Code, 1973, Section 482, 195, Indian Penal Code, 1860, Section 193, 466, 468, 471 -- Quashing of FIR - Creation of forged documents - Allegation that accused committed forgery by filing false vakalatnama seeking anticipatory bail - Accused admitted their signatures in Vakalatnama - However, mistakenly wrong date and place was mentioned in it with no..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Offence u/ss 420, 467, 468, 471, 120-B IPC and S.13(2), 13(1)(d) PC Act - No evidence on record to prove that for the work done separate payment was made - Even, videography was got done but said videography was not proved on record, which causes..........
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 468 -- Offence u/s 295-A IPC - Limitation - Book published in 1980 whereas FIR registered after a gap of 29 years of publication - FIR shows no explanation for delay in registration of FIR - Prosecution of petitioner barred as per S.468 Cr.P.C. - FIR quashed...........
