Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 506 -- Quashing of FIR - Compromise - Offence u/ss 341, 323, 324, 506 IPC - Compromise arrived at between parties - Offences alleged to have been committed by accused do not involve offences of moral turpitude or any grave/heinous crime, rather same are petty offences - Complainant..........
Criminal Procedure Code, 1973, Section 182 -- Final report that incident of theft was false - Court accepted the final report despite a protest petition against the said report and summoned the complainant u/s 182 Cr.P.C. - Protest petition could have been treated as complaint - Petitioner could have been given an opportunity to produce evidences and witnesses in support..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of a case - Mere apprehension of threat of life is not a sufficient ground to transfer a case, without lodging a complaint or substantiating said ground...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 405 -- Cheating and criminal breach of trust - Quashing of proceedings - Criminal colour given to a civil dispute - Such an exercise is nothing but an abuse of the process of law - It must be discouraged in its entirety...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 37, Criminal Procedure Code, 1973, Section 439 -- Transportation of 209.700 kg Ganja - Commercial quantity - Bail - Long period of incarceration is not at all a ground to enlarge accused on bail in case where huge quantity of narcotic items are involved...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 37, Criminal Procedure Code, 1973, Section 439 -- Transportation of 209.700 kg Ganja - Conscious possession - Bail - Drugs were transported together by accused in a car and lorry with the help and assistance of A-6 after procuring it from him - Prima facie record reveals that both the vehicles..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Not maintainable at the instance of accused who is already arrested and is in custody of police or judicial custody in relation to another criminal case which may be for similar offence or for different offences...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - It would be appropriate that in all bail applications moved u/s 438 Cr.P.C, a footnote is added mentioning that concerned accused has not been arrested and is not in custody in any other case...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 438 -- Dishonour of cheque - Anticipatory bail - Accused is absconding and declared as proclaimed offender - However, accused is a woman and in given COVID-19 pandemic, incarceration of accused would not give any benefit to complainant but instead cause grave injustice to woman accused -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Plea of accused that accused had resigned as director on 10.10.2014 - Form No.DIR-12 (Appointment or Resignation) was filed with Registrar of Companies on 13.08.2015 - Whereas, cheque were dishonoured on 06.07.2015 and notice was..........
