Criminal Procedure Code, 1973, Section 107, 116, 482 -- Proceedings u/ss 107/116 - SDM without calling report form police, issued notice to the applicants - Order to execute a personal bond of Rs.1 lac and to furnish two sureties each in like amount to keep peace for a period of one year - Additional Sessions Judge confirmed the order - Held, proceedings u/s 107/116..........
Criminal Procedure Code, 1973, Section 107 -- Breach of peace and disturbing public tranquility - Civil dispute in respect of unauthorized construction - Invocation of provision of S.107 of the Code - Held, S.107 cannot be invoked, when there is a civil dispute between two neighbours in respect of unauthorized construction - Police cannot act as an agent of those, who do..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), Maharashtra Control of Organised Crime Act, 1999, Section 3(2), Indian Penal Code, 1860, Section 107 -- Bail - Conspiracy to commit, to abet, to knowingly facilitate the commission of an organised crime, namely, the printing and sale of fake stamp papers - Deliberate..........
Criminal Procedure Code, 1973, Section Ss.107, 116(3) -- Proceedings u/s 107 Cr.P.C. - No surety/security or personal bond is required to be furnished under an interim order u/s 116(3) of the Code...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 463, 107 -- Quashing of complaint - Complaint under Ss.406, 420, 463 r/w Section 107 IPC - Case of complainant that accused having good marketable title, a registered sale deed was entered - Merely because petitioners closely related to accused, cannot be said that allegations made..........
Criminal Procedure Code, 1973, Section 107, 111 -- Breach of peace - Security - Order directing to furnish bond - If the Executive Magistrate is of the opinion that there is sufficient ground for proceeding, he may in the manner provided in the Code require such person to show cause why he should not be ordered to execute a bond (with or without sureties) for keeping peace..........
Indian Penal Code, 1860, Section 306, 107, Criminal Procedure Code, 1973, Section 482 -- Suicide - Abetment - Suicide note left behind by employee stated that he was being harassed by authorities for his trade union activities and that he being frustrated in life, commits suicide - On basis of such suicide note offence of abetment of suicide is not made out as it does not..........
Indian Penal Code, 1860, Section 306, 107, Criminal Procedure Code, 1973, Section 482 -- Suicide - In suicide note name of appellant appearing at two places - Except this there is no reference of any act or incidence whereby appellant is alleged to have committed any willful act or omission or intentionally aided or instigated the deceased in committing the act of suicide..........
Criminal Procedure Code, 1973, Section 116(3), 107, 108, 109, 110 -- Breach of peace - Proceedings initiated - Those proceedings are u/s 107 Cr.P.C. - Respondent cannot be directed to furnish interim bonds - Magistrate can direct a person to execute interim bond only in cases arising under Ss.108 to 110 Cr.P.C...........
Criminal Procedure Code, 1973, Section 107, 111 -- Sufficient and cogent reasons must be available for a direction to execute a bond to keep peace - Interference with the proceedings must be done only sparingly in a fit case - Registration of FIR by itself cannot in any way affect or detract against the validity of the proceedings...........
