Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, Indian Penal Code, 1860, Section 420, 411, 482, 120B, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of proceedings - Petitioner was the owner of car in view of supplementary challan - He was not identified at the spot - Initial accused were acquitted - Therefore, now at this stage,..........
Indian Penal Code, 1860, Section 420, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Cheating - Quashing of proceedings - Matter is essentially of civil nature and is liable to be settled on the basis of evidence of parties in civil proceedings - No case of cheating appears to be made out against applicant - Criminal prosecution is nothing but an abuse of..........
Indian Penal Code, 1860, Section 420, 468, 471, 511, 34 -- Cheating - Forgery - Allegation that appellant tampered the documents in question in order to secure admission in BSW Part III course - However, passing of alleged document through the hands of several persons before it was detected as forged renders unsafe to arrive at a conclusion that appellant had authored the..........
Indian Penal Code, 1860, Section 420, 468, 471, 511, 34 -- Cheating - Forgery - Documents in question were stamped by college authorities and passed through administrative scrutiny - In the absence of evidence that appellant had dishonest intention to either make false document or knew of its falsity while submitting it, mental status or mens rea remains unproved -..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Allegation that appellant had dishonestly used a fake NOC from Fire Department to obtain recognition/renewal of affiliation to run educational institution - However, NOC from Fire Department was not necessary for recognition/renewal of affiliation of educational institutions..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Specific allegations not levelled against petitioner - Omnibus allegations have been levelled against petitioner that he alongwith others demanded money - Apparently, he was of age of approximately 19 years and a student of College at the time when FIR was registered - Allegations pertain to even earlier while..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Agreement to sell - At the stage of execution of an agreement to sell, question of handing over of original documents would not arise - Even if allegation is taken to be correct, by no stretch of imagination can it be said that by not handing over original document of ownership..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations against appellants are that they entered into a conspiracy with other individuals to fabricate a forged Will after death of testator that was then used to circumvent sale deed - Neither any criminal breach of trust nor any..........
Indian Penal Code, 1860, Section 405, 406, 415, 417, 418, 420, 504, 506, 384, 120B, 34 -- Quashing of the FIR - In the absence of the element of criminality, if both civil and criminal cases are allowed to continue, it will definitely amount to abuse of the process of the Court, which the Courts have always tried to prevent by putting a stop to any such criminal..........
Indian Penal Code, 1860, Section 420, 468, 471 -- Cheating - Forged documents - Material placed on record that allegations are based on conjecture and surmises and are manifestly intended to malign appellants - No dishonest inducement or gain is demonstrated, nor is there any wrongful loss caused to State or a third party - There is no allegation that any of appellants..........
