Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Murder - Petitioners are additional accused who have been summoned u/s 358 BNSS - They are not required for the purpose of investigation and they intend to surrender and join the proceedings before trial Court - Petitioners do not intend to defy law and ready to face trial and their plea for..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Illegal gratification - Non-cooperation in investigation must be interpreted with precision and cannot be equated with the failure of accused to disclose information about his alleged accomplices or for facilitating the recovery of bribe money...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Word `Co-operation' involves joining investigation, providing truthful and relevant information, and assisting in uncovering facts within the knowledge of accused, but it does not extend to compelling self incrimination, extracting confessions, or using coercion...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Insisting on custodial interrogation solely for self incriminatory purposes is unconstitutional and sets a dangerous precedent...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Merely because petitioner had not provided information qua the involvement and role played by co-accused and had failed to get the bribe money recovered cannot be a ground to decline his prayer for anticipatory bail and order his custodial interrogation - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 320, 482 -- Compounding of offence - Offences under I.T Act - Inherent jurisdiction of Court u/s 482 Cr.P.C is forbidden as per Circular dated 17.10.2024 where the compounding of offence is permissible u/ss 276-B, 276-BB of I.T Act - Petitioner may resort to procedural remedy u/s 320 Cr.P.C and seek for compounding of offences...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Property dispute between parties - Allegation that appellant being power of attorney of original owners sold the property belonging to complainant to third parties - However, suit property is common and undivided property and in which complainant has a undivided..........
Criminal Procedure Code, 1973, Section 482 -- Summoning of accused - Trial Court while summoning accused has only referred to recording of statements of witnesses and has not chosen to comment on the substance of said statements while summoning the accused - Order of summoning of accused set aside...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Nothing on record to suggest, even prima facie, that any of the ingredients of offence u/s 420 IPC are met in the case of appellant - No intent can be hinted to, where the appellant had willfully, with the intent to defraud, acted..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - When considering an application u/s 482 Cr.P.C, Court cannot conduct a mini-trial but instead is to be satisfied that prima facie offences as alleged are made out...........
