Criminal Procedure Code, 1973, Section 218, 219, 220, Indian Penal Code, 1860, Section 420 -- Single charge - Conviction u/s 420 IPC on 26 counts - Allegation that accused cheated in distinct transactions at different point of time spread over a period of three years - However, only one charge was framed and not even complaints were obtained from other victims - Conviction..........
Indian Penal Code, 1860, Section 465, 468, 471 -- Offence u/ss 465, 468, 471 IPC - Allegation that accused furnished bogus appointment order to 26 persons - However, prosecution has not proved manner of forging or authorship of those bogus employment orders - Unless it is alleged by prosecution that accused is maker of document and has let in positive evidence regarding..........
Indian Penal Code, 1860, Section 420 -- Cheating - Allegation that accused furnished bogus appointment order to 26 persons - However, accused pleaded that once the accused acquitted under charge of forgery, offence u/s 420 IPC can also go - Plea rejected, as from evidence of PW1 accused represented to PW1 that they will get employment and upon such promise PW1 delivered a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 452, 323, 506, 148, 149 -- Bail - Attempt to murder - Injury on left hand of complainant has been attributed to petitioner - Challan stands presented, but charges are yet to be framed - Petitioner is in custody since 10.7.2020 - Trial of case would take time to conclude - Co-accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 148, 308, 341 -- Quashing of FIR - Offence u/ss 323, 148, 308, 341 IPC - Dispute amicably resolved between parties in view of compromise - Though the offences are not compoundable but since the offence essentially between parties which is not affecting public peace and tranquility - FIR..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323 -- Quashing of order - Order to state substance of accusation u/s 323 IPC to accused - Offence u/s 323 IPC is not a warrant case - There was no need to frame formal charge against accused - As per provisions of S.251 Cr.P.C, only substance of accusation is to be stated to accused - Trial Court..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - FIR is registered by complainant solely on basis of suspicion - Neither there is any suicide note nor there is any dying declaration nor deceased had made any complaint with respect to any alleged call of threat made by any person - Even, police..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Deceased and complainant coming together on a scooter when accused attacked deceased - Deceased was inflicted injuries by accused but complainant did not receive a single injury - Presence of complainant is highly doubtful at the place of occurrence - Accused were armed with rifle and hockey stick, but medical..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 376D, 328 -- Summoning of additional accused - Kidnapping and rape - Prosecutrix remained consistent with her statement right from the date when she reported the matter to police, in her statement recorded before police, in her statement recorded before Magistrate u/s 164 Cr.P.C and her..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 326, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Compromise - Quashing - Offence u/s 307 IPC cannot be compromised - However, High Court can exercise its jurisdiction to quash FIR on the basis of compromise in cases where victim has not received any fire arm injury or the facts and..........
