Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 376, 498A, 406 -- Bail - Grant of - Petitioner is in custody for last about 4 months - He is no longer required for purpose of investigation - Challan has already been presented in Court and conclusion of trial is likely to take time - Mother and brother of petitioner have been allowed..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Parents-i, law of complainant - Husband of complainant already released on bail - Anticipatory bail opposed on the ground that dowry articles are still to be recovered - - Anticipatory bail cannot be denied on the ground that dowry articles are still to be..........
Indian Penal Code, 1860, Section 323, 406, 498A, Criminal Procedure Code, 1973, Section 181(4) -- Cognizance of offence - Territorial jurisdiction - Wife leaving her matrimonial home and returning to her parental place - Court at the place of parental place has jurisdiction to investigate and try case...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 177 -- Jurisdiction - Demand of dowry made twice at place `K' - Held, Court at place `K' has jurisdiction to try the case...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 201, 120B - - Anticipatory bail - Offence u/ss 420, 406, 201, 120-B IPC - Complaint does not mention name of applicant directly - No direct averment in complaint that it was applicant who received cash - Applicant claims herself to be only an employee of firm without any knowledge of the..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Petitioners have already joined investigation - They are no longer required for further interrogation - There is no history of their previous involvement in any other criminal case - Since police has not submitted final police report, so, conclusion of..........
Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 27(d), Indian Penal Code, 1860, Section 406, 420, 273, 34 - - Merely by writing Ss.406, 420, 273 & 34 IPC in the FIR, police cannot assume jurisdiction to investigate the case when on the face of allegations made in the FIR the ingredients of those offences are not attracted - FIR and investigation by police are without..........
Indian Penal Code, 1860, Section 420, 406, 409 -- Breach of trust or cheating - Both are civil wrong and a criminal offence - Where the act alleged predominantly is a civil wrong, such an act does not constitute a criminal offence...........
Indian Penal Code, 1860, Section 420, 409, 406 - - Company - Vicarious liability - Complaint against company, its Managing Director, Company Secretary and 4 directors - Summoning order against Managing Director, Company Secretary and four directors quashed as (i) Witnesses examined by complainant did not specifically state as to which of the accused committed breach of..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482, 320 -- Parties compromised in an offence u/ss 498-A, 406 IPC - Petition for quashing of proceedings is different than a petition for compounding of non compoundable offence - S.320 Cr.P.C. does not limit or affect the powers of High Court u/s 482 Cr.P.C. - High Court can quash criminal..........
