Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Preliminary inquiry - When in the opinion of Court there is enough material to initiate proceedings, there is no need to conduct preliminary inquiry...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - No statutory requirement that Court should give opportunity of hearing to accused before filing a complaint nor it is necessary that a preliminary inquiry is to be held mandatorily...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Once an opinion has been formed with regard to offence having been committed u/s 340 Cr.P.C, Court needs to make a complaint in writing and the same has to be sent to a Magistrate of competent jurisdiction - Magistrate has to deal with such a complaint u/s 343 Cr.P.C as if it was instituted as a police report...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant was regularly appearing and only on one date he could not appear due to wrong noting of date of hearing - It was inappropriate for Court to dismiss the complaint in default especially when case was listed for..........
Indian Penal Code, 1860, Section 306, 114, Criminal Procedure Code, 1973, Section 482 -- Abetment to suicide - Quashing - Deceased working as Manager at petrol-pump of accused - While working as Manager there was some malpractices and misappropriation done by deceased - Asking deceased about details of accounts does not amount to abetment to commit suicide - FIR and..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Locus standi - Murder case - Petitioner is real brother of deceased and is vitally interested in a fair trial so that deceased and his family gets justice - Challenge by accused to locus standi of petitioner, rejected...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Apprehension that justice will not be done - Petitioner is required to show circumstances from which it can be inferred that he entertains a reasonable apprehension - However, this apprehension cannot be imaginary and cannot be a mere allegation...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Convenience of parties and witnesses as well as language spoken by them are also relevant factors when deciding a transfer petition...........
