Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 195A, 294, 506 -- Anticipatory bail - Offence u/ss 195-A, 294, 506 IPC - Offence in question are triable by Judicial Magistrate First class and not a heinous offence - Anticipatory bail rightly granted...........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Charge sheet quashed as civil wrongs made subject matter of criminal proceedings - Cost of Rs.50,000/- imposed on the State...........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Charge sheet is bereft of particulars and details required and mandated in terms of S.173(2) Cr.P.C - It merely reproduces the contents of FIR - However, FIR does not state the material and evidence available and collected during course of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Res judicata - Complainant cannot maintain a prosecution on basis of allegations which were precisely his defence in earlier proceedings wherein he was accused - Criminal proceedings quashed on this ground alone...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Matrimonial dispute - While exercising power u/s 482 Cr.P.C., Court is not required to test the correctness of allegations - But in matters arising from matrimonial disputes, particularly where the allegations are levelled after many years of marriage and that too, after one party initiates divorce..........
Indian Penal Code, 1860, Section 498A, 114, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegations against parents of husband - Quashing of proceedings - Allegations against parents of husband are only of extending taunts and of not parting with the money for managing household expenses - Specific details in respect of those taunts have not been disclosed -..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - No person can unlawfully obstruct or create nuisance on a public place or over any way and if it has been done or construction is raised, same is liable to be removed u/s 133 Cr.P.C - Merely because it may not have completely created obstruction to public, it cannot be said that person, who has..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute involved is primarily of civil nature - Aggrieved party if any, would have been Bank which has no grievance against appellants - Further, no loss has been caused to Bank as is apparent from calculations presented by..........
Criminal Procedure Code, 1973, Section 428 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.468) - Set-off - Set-off period u/s 428 Cr.P.C. neither regarded as part of sentence imposed nor can be counted in computing quantum of remission...........
Criminal Procedure Code, 1973, Section 432 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.473) - Remission - Entitlement of remission arises only when accused is convicted and admitted to prison as part of undergoing sentence of imprisonment - Period of detention prior to conviction cannot be counted for remission...........
