Indian Penal Code, 1860, Section 406, 409, 120B -- Accused on the basis of false and fraudulent documents made a claim which leads to award of compensation in land acquisition matter - Interest of State is certainly compromised or adversely effected - Matter cannot be termed as a civil dispute simplictor - Crime was therefore rightly registered - No reason to quash the..........
Indian Penal Code, 1860, Section 420, 406, 504, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Only allegation against accused is that co-accused in connivance of accused with mala fide intention misappropriated the share amount as also the profit accrued thereon - Neither accused used any defamatory language nor gave any threat or..........
Criminal Procedure Code, 1973, Section 245(2), Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Discharge - Charge framed and case fixed for evidence - At the stage of framing of charge, Court is only to see as to whether prima facie case is made out or not and not to consider whether evidence produced on record will lead to conviction or..........
Criminal Procedure Code, 1973, Section 468, 472, Indian Penal Code, 1860, Section 406 -- Limitation - Offence u/s 406 IPC is a continuing offence - Law relating to cognizance in the matter is governed by S.472 Cr.P.C, as in case of continuing offence a fresh period of limitation begun to run at every moment of time during which offence continues - Order taking cognizance..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 420, 406, 120B -- Concurrent running of sentences - Petitioner sentenced in six cases - If an order with regard to concurrent execution of sentence is not passed, petitioner will have to languish behind bar for about 18 years - Keeping in view charges proved against accused, it is not proper to..........
Criminal Procedure Code, 1973, Section 211, Indian Penal Code, 1860, Section 498A, 304B, 302, 306, 406 -- Charge - Charge framed u/ss 498-A, 304-B and in alternate u/s 302, 306, 406 IPC - Mother and brother of deceased though in their statement u/s 174 Cr.P.C. immediately after death stated that they have no grievance against i, laws but complaint on the basis of which FIR..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Compromise - In the instant case, trial Court convicted accused u/ss.498-A, 406 IPC - However, accused acquitted for offence u/s 498-A IPC and held guilty u/s 406 IPC by appellate Court - During pendency of this petition, matter compromised between..........
Criminal Procedure Code, 1973, Section 181(4), Indian Penal Code, 1860, Section 406 -- Territorial jurisdiction - Criminal breach of trust - Return of stridhan articles - Articles are to be returned after conclusion of trial at place `H' where wife is residing with her parents - Part of cause of action has thus arisen at place `H' and Court at that place has jurisdiction -..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 228 -- Criminal breach of trust - Framing of charges - Allegation that husband and his parents demanded dowry and driven out wife from her matrimonial abode - More so, on her claim for her stridhan and certificates, the same were not returned back - Hence, a prima facie case u/s 406 of IPC is made..........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 406, 498-A IPC - Quashing of complaint - Allegations against father-i, law, grandfather-i, law and brother-i, law of complainant - Neither specific allegations were made against petitioners, nor any specific overt act assigned to them in complaint - Allegations are..........
