Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Assets disproportionate to known sources of income - Quashing of FIR - Documents which have been relied upon by accused cannot from basis of quashing FIR - Value and weight to be ascribed to documents is a matter of trial - At the stage of quashing FIR Court only has..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Assets disproportionate to known sources of income - Quashing of FIR - Documents which have been relied upon by accused cannot from basis of quashing FIR - Value and weight to be ascribed to documents is a matter of trial - At the stage of quashing FIR Court only has..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(D) -- Quashing of order - Order taking cognizance - Offence u/s 3(1)(D) of the Act - Application u/s 482 Cr.P.C is not maintainable against order taking cognizance for an offence in SC/ST Act, as only appeal provided u/s 14-A(1) of SC/ST Act..........
Indian Penal Code, 1860, Section 376, 354, 420, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(xii) -- Offence u/ss 376, 354, 420 IPC and S.3(xii) of SC/ST Act - Framing of charges - No medical evidence as to offence of rape and it is merely on oral statement of complainant S.376 IPC has been imposed - Allegations are levelled for a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 201, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - FIR contains serious allegations against accused - Accused cannot claim parity with co-accused since allegations in FIR and material that has emerged from..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand of illegal gratification is sine qua non to constitute offence under the Act - Mere recovery of currency notes also itself does not constitute offence under the Act, unless it is proved beyond all reasonable doubt that accused voluntarily accepted money, knowing it to be bribe...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Place of occurrence - Accused contended that place of occurrence is almost in front of police station and thus it is not possible for any person to fix place for taking bribe in front of any police station - However, it is in the evidence of witnesses that..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Treated notes were recovered from hand of accused - Report received from FSL states that in sample of liquid sent for chemical examination, liquid was result of washing hands of accused and due to application of powder on currency note which were to be given as..........
Indian Penal Code, 1860, Section 306, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - Deceased was in love with accused - There is no other material to show that accused was maintaining any relation with deceased - Merely because..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5A) -- Offence u/s 3(2)(5-A) of the Act - Caste aspersions made against complainant surfaced for the first time after 28 days delay of incident in supplementary statement u/s 161 Cr.P.C - Whereas, in FIR as also in earlier statement recorded u/s 161 Cr.P.C, there was no reference of..........
