Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Name of accused not mentioned in FIR - Investigation complete and challan filed - Trial likely to be protracted as the prosecution has cited 21 witnesses - Bail allowed...........
Criminal Procedure Code, 1973, Section 173(2), 173(8), Indian Penal Code, 1860, Section 420, 466, 467, 471 -- Investigation - Withdrawal of cancellation report - Police thoroughly investigated the entire matter and submitted cancellation report - Later, police sought withdrawal of cancellation report which cannot be permitted - Police can seek permission of Court to make..........
Criminal Procedure Code, 1973, Section 451, Indian Penal Code, 1860, Section 420, 467, 471 -- Hire purchase agreement - Non payment of instalments - Car seized - Release of case on superdari - Held, pending adjudication of the rival claims with regard to title of vehicle in question, superdari be given to one who is mentioned in the certificate of registration as the..........
Indian Penal Code, 1860, Section 218, 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), Constitution of India, 1950, Article 226 -- Criminal proceedings - Quashing of and stay of arrest - Senior IPC Officer - Petitioner trustee of charitable trust founded by his family - Huge land in name of trust - Prima facie case of fraudulent action of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Bail - Securing job on basis of forged and fictitious educational certificates - Recovery of 57 rubber stamps in name of heads of various institutions from house of applicant - Role imputed against..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), Indian Penal Code, 1860, Section 467, 471, 34 -- Bar of S.195(1)(b)(ii) Cr.P.C. - Forgery committed in respect of document committed before it was filed in Court - Provision of S.195(1)(a) is not applicable...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Embezzled amount deposited - Bail granted subject to the condition that accused will make himself for interrogation, he shall not induce, threat or promise to any person acquainted with the facts of the case and he shall not leave India without permission of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 453, 380, 120B -- Forged agreement to sell - Quashing of FIR and charge - In the course of investigation disputed documents sent to Forensic Science Laboratory and the report reflects that the documents were forged - Held, it cannot be said that there was no prima facie..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Compounding of Offence - Offence u/ss 420/467/468/471/120-B IPC - Parties amicably settled the dispute and compromised the matter - Offence not compoundable - However, High Court in exercise of power u/s 482 Cr.P.C. quashed the proceedings...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Anticipatory bail - Money extracted for sending abroad - Parties compromising - Anticipatory bail sought on the ground that matter is of recovery of money and question whether element of cheating is involved is a matter for trial and custodial interrogation is not..........
