Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - Can be used for corroboration and for contradiction unlike a statement u/s 161(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Proceedings can only be quashed where issue is overwhelmingly and predominantly of civil profile arising out of commercial, financial, mercantile and civil or matrimonial nature - Criminal proceedings are not to be quashed where offence is heinous in nature...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 186, 353, 342, 506, 34 -- Quashing of proceedings - Compromise - Offence u/ss 186, 353, 342, 506, 34 IPC - Compromise entered into between parties, which is genuine, voluntary, without any coercion or undue influence - Offences in question are not heinous offences or serious offence of mental..........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Retired public servant - No sanction is required to prosecute a public servant who has ceased to hold office when prosecution is for offences under P.C Act...........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Where cognizance is taken by trial Court and charge sheet is already filed, prior sanction which is indirectly a shield provided to government servants to protect them for..........
Criminal Procedure Code, 1973, Section 439, 436A, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/s 4 of PML Act - Accused is responsible for acts and affairs of company as chairman of Company who planned and designed illegal schemes to mobilize deposits from innocent investors including deposits under scheme of issue of debenture with false..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/s 4 of PMLA - Accused being debenture trustees of company was responsible for acts and affairs of company - He planned and designed illegal schemes to mobilize deposits from innocent investors including deposits under scheme of issue of debenture with false..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Recovery of 938 tables Nitrosu, 10 - Petitioners are in judicial custody since Aug 2019 - Investigation is complete and report u/s 173(2) Cr.P.C stands filed - Petitioners are permanent resident of address mentioned in memo of parties, therefore their..........
Criminal Procedure Code, 1973, Section 439 -- Delhi Excise Act, 2009, Ss.33, 38, 58, Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.37, 20, 21, 29 - Bail - Recovery of liquor, cash around Rs.4 lakh, Charas and morphine - Contraband recovered from co-accused as well as from car of petitioner, which was alleged to be parked at place of incident - Petitioner..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25, 27 -- Quashing of FIR - Offence u/ss 25, 27 of Arms Act - Prima facie it reflects that 32 bore pistol seized from possession of A-1 along with three live cartridge - Strong case found against A-1 and he received pistol from his friend A-2 and on basis of that statement A-2 was inducted as accused -..........
