Indian Penal Code, 1860, Section 420, 467, 468, 471, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Genesis of dispute involved is essentially of civil nature given a criminal texture - Ingredients of offence not made out considering final report - Continuation of proceedings against accused would result in abuse of process of Court -..........
Criminal Procedure Code, 1973, Section 439, 41A -- Bail - Non-compliance of the provision of S.41-A Cr.P.C, would entitle accused to be released on bail - Bail granted...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Three doctors sought to be summoned by complainant were already mentioned in the list of witnesses filed along with challan - Application for summoning those witnesses were allowed by trial Court, however, on account of their incomplete address those witnesses could not be served and..........
Criminal Procedure Code, 1973, Section 482 -- Second complaint - On almost identical facts which was raised in the first complaint and which was dismissed on merits - Second complaint is not maintainable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Delayed compliance of S.42 of the Act is acceptable - However, where there was a total non-compliance of S.42 of the Act, accused ought to be granted concession of regular bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, 42, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - S.42 of the Act not complied with - Investigation of case is complete and challan has been presented - Out of 25 PWs none has been examined - Accused is not involved in any other case and trial of case is likely to take a considerable..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim women - Divorced Muslim women is entitled to claim maintenance u/s 125 Cr.P.C even after the period of iddat and for whole life unless she is disqualified for reasons such as marriage with some one else...........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case - Supreme Court can transfer case u/s 138 of Negotiable Instruments Act, if it is expedient for the ends of justice...........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case from one State to another State - Four out of six complaints filed at Delhi and two at Nagpur - All the six complaints relate to same transaction - It would be advisable to have a common adjudication to obviate possibility of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 406, 323, 34 -- Summoning of additional accused - Dowry death within 7 year of Marriage - Challan filed against husband and mother-in-law of deceased - Father-in-law and mother-in-law were living under same roof as his son and he would have been privy to all alleged occurrences of..........
