Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Inconsistencies, contradictions and improvements in the testimony cannot be minutely scrutinised at the stage of summoning u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against acquittal - Scope of revision against acquittal filed by a private party is very limited - Only in exceptional cases where there is some glaring defect in procedure or manifest error or illegality, perversity or infirmity in judgment of lower Court which had resulted in flagrant miscarriage of justice,..........
Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute has admittedly culminated in a comprehensive One Time Settlement under which Bank has received the entire outstanding amount - Recovery proceedings before tribunal have..........
Indian Penal Code, 1860, Section 420, 468, 5471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute arising out of commercial transaction which has been amicably resolved through One Time settlement under which Bank has received entire outstanding amount - Recovery..........
Indian Penal Code, 1860, Section 420, 406, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Petitioners have already been declared innocent during investigation - Continued inclusion of petitioners names in FIR amounts to undue harassment to petitioners - Names of petitioners directed to be removed from all the records where they are..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 377, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of proceedings - Complainant engaged in a physical relationship alleging that appellant had done so without her consent, however she not only sustained her relationship for over 12 months, but continued to visit him in..........
Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - If there is an omission on part of prosecution in forwarding the relied upon documents to Magistrate, even after chargesheet is submitted, prosecution can be permitted to produce additional documents which were gathered prior to or subsequent to investigation...........
Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - CDs not produced along with supplementary chargesheet - CDs were referred to in supplementary chargesheet - After the report of CFSL was received, supplementary chargesheet was filed for placing on record said report - Therefore, when CDs were sought to be produced they were not new articles - There..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 216, 482 -- Abetment of suicide - Quashing of order of alteration/addition of charge from S.498-A IPC to 498-A, 306 IPC - No averment in complaint or evidence of PW1 to PW3 showed that petitioner played active role in either instigating or intentionally aiding deceased to commit suicide - Order of..........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Alteration or addition of charge must be for offence that is made out by evidence recorded during trial...........
