Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, 471, 120B -- Bail - Cheating - Forgery - Criminal conspiracy - Economic offences - Accused involved in tampering with answer sheets by illegal means and interfering with examination system, thereby securing top ranks for his daughter and other students - Large numbers of answer..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, 471, 120B -- Bail - Cheating - Forgery - Criminal conspiracy - Economic offences - Claim of parity with 28 other accused - 28 accused already granted bail are teachers and members of committee against whom no serious allegations were made - It is thus, not appropriate to compare the..........
Criminal Procedure Code, 1973, Section 228, 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Order framing charge - Offence u/ss 420, 467, 468, 471, 120-B IPC - Prima facie case for framing charge against petitioners found on record - Matter examined by two Courts below and there is no inkling in the order that trial Court has not examined the matter and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 468, 409, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2) -- Quashing of proceedings - Offence u/ss 468, 409, 471, 120-B IPC and Ss.13(1)(c)(d), 13(2) of P.C Act - Prima facie material available on record shows culpability of accused and many others in illegal appointment..........
Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Will - Issue about forgery and fraud regarding Will decided on merits by civil Court - FIR on same allegations that Will was forged and fabricated - Cannot be allowed - FIR quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 2(a), 12, Criminal Procedure Code, 1973, Section 468 -- Proceedings under Act of 2005 - Applicability of S.468 Cr.P.C - Provisions of S.468 Cr.P.C. are not applicable to cases arising out of Act of 2005...........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Cognizance of offence - Negative police report - Protest petition filed after a lapse of one year and eight months - Period of taking cognizance u/s 468 Cr.P.C. lapsed during the intervening period - Even if protest petition is considered to be containing facts pertaining to commission of offence then also the same..........
Criminal Procedure Code, 1973, Section 190(1)(b), 173(2), (8), Indian Penal Code, 1860, Section 420, 467, 468, 471, 431, 432, 120B -- Cognizance of offence by Magistrate - Police report - Further investigation - Even after submission of report, investigating agency may continue investigation and may submit supplemental report, as law does not mandate taking of prior..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of FIR - Cheating - Wrong facts mentioned in nomination paper for election does not constitute offence of cheating - Remedy available to complainant is to challenge the election at appropriate forum rather than filing of FIR - Allegation made in FIR does not..........
Criminal Procedure Code, 1973, Section 482, 468(b) -- Order taking cognizance - Quashing of order - Offence in question is punishable with one year imprisonment - Cognizance of offence taken after a period of more than three years - Order taking cognizance as well as entire proceedings qua petitioner quashed...........
