Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Order of release modified to the extent that instead of furnishing bank guarantee of 10 lacs, vehicle be released on Superdari subject to furnishing requisite supurdagi bond and surety bond for the said amount...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - If a bare perusal of complaint reveals commission of a cognizable offence, Magistrate is left with no other option but to send the same to police for registration of FIR - Reliability, truthfulness or genuineness of allegations made in complaint is a task to be undertaken during course of..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Allegations therein supported by affidavit - Statement of complainant recorded u/s 200 Cr.P.C. - Matter sent u/s 200 Cr.P.C. to the Police - Action taken and order passed is dehors to the legal position and in blatant disregard to the judgment passed by Supreme Court in Lalita Kumari's case -..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Allegations against Police Officers - SP to entrust investigation to an officer not below the rank of Additional S.P. - Investigation Officer to conduct investigation fairly, impartially as well expeditiously - Investigation shall be concluded within three months from the lodging of FIR and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Deceased committed suicide due to extra marital relationship of wife - However, deceased seems to be too sensitive and possessive about his wife, he has many other avenues and alternatives to get rid off her instead of taking his own life by hanging - Charged..........
Criminal Procedure Code, 1973, Section 173(2), 2(d) -- Protest petition as complaint - Protest complaint can be entertained if Magistrate accepted report u/s 173(2) Cr.P.C and dropped the proceedings after granting opportunity to complainant - However, Magistrate does not even refer about final report filed in impugned order and whether any exceptional circumstances or any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Whether or not accused has repaid the entire amount, is a question which can only be decided on basis of evidence led before trial Court - Even, authorized person having due knowledge of factum of transaction of having witnessed the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 427, 447, 379, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(G)(S), 3(2)(S)(A) -- Quashing of FIR - Compromise - Offence u/ss 427, 447, 379 IPC and Ss.3(G)(S), 3(2)(S)(A) of SC/ST Act - Dispute between parties has already been settled amicably - Complainant..........
Indian Penal Code, 1860, Section 420, 409, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Misappropriation of money - Quashing of charges - Allegation that amount of Rs.2,85,600 was withdrawn under joint signatures of petitioner and co-accused - Money was handed over to Ex Gram Pradhan by co-accused - Case of petitioner is at better footing than co-accused..........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45 -- Anticipatory bail - Money laundering - Once prayer for anticipatory bail is made in connection with offence under PMLA Act, underlying principles and rigors of S.45 of PMLA Act must get triggered, although application is u/s 438 Cr.P.C - Since High Court not touched upon..........
