Criminal Procedure Code, 1973, Section 211, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Framing of charge - Disproportionate assets - Assets on name of relative of public servant - Merely because some of disproportionate assets stand in name of no, public servants, without any element of abetment, they cannot asked..........
Criminal Procedure Code, 1973, Section 239, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Discharge - Dismissal of application - Disproportionate assets - In the instant case, charges framed against wife of public servant for abetting her husband in accumulating disproportionate assets - However, I.O. has not come to..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Accused is not liable to be tried again for the same offence u/s 138 of NI..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Merely because in the complaint u/s 138 NI Act, the facts which constitute..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Even if accused was tried in respect of one of the charges, namely, u/s 138..........
Criminal Procedure Code, 1973, Section 41A, Indian Penal Code, 1860, Section 341, 323, 354, 345D, 506 -- Arrest - Offence u/ss 341, 323, 354, 345-D, 506 IPC - I.O. is satisfied that petitioner was threatening de-facto complainant and her witnesses - Said satisfaction borne out from general diaries lodged by her and upon inquiring into such complaints - I.O. rightly..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 34 -- Summoning of additional accused - Dowry death - No concrete and specific evidence against petitioners of making any demand of dowry or torturing the deceased - Complicity of petitioners in the commission of offence not on record - Application dismissed...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 366, 376, 342 -- Summoning of additional accused - Revision filed against order summoning additional accused - In the mean time accused acquitted as prosecution case not proved - This order became final as no appeal filed thereagainst - Impugned order of summoning of additional accused quashed...........
Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 120-B IPC - Illegal gratification for purpose of exchange of land - There is no evidence on record to show that petitioner has meeting with the Collector who passed the order or that present petitioner approached Collector to secure order in his favour..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 313, 365, 344, 120B -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 313, 365, 344, 120-B IPC - Applicant prayed for stay of order of conviction as she intends to contest the elections in State of Punjab - However, involvement of applicant in serious offence..........
