Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 19 -- Criminal conspiracy - Denial of sanction for prosecution u/s 19 of P.C Act - Public servant in respect of whom sanction to prosecute has not been granted u/s 19 of P.C Act and who is, therefore, not charged with any substantive offence under the said Act, cannot be proceeded against..........
Indian Penal Code, 1860, Section 420, 419, 465, 467, 471, 120B -- Cheating - Role assigned to petitioner is that she impersonated as one `S' and stood surety for one accused in NDPS case - Specific findings are recorded by trial Court that petitioner is guilty of charges levelled against her - However, petitioner has already undergone 5 months and 1 days imprisonment - No..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d) -- Bail - Cheating - Appellant is in custody since 28.9.2021 - Total amount of proceeds of crime allegedly laundered by appellant is hardly Rs.1 crore - Bail granted to appellant subject to strict conditions that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d) -- Bail - Appellant involved in a very serious financial scam - He is in custody since 1.11.2021 - Having regard to period of custody undergone by appellant as also the fact that High Court stayed the proceedings..........
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..........
Indian Penal Code, 1860, Section 420, 418, 406, 408, 409, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Respondent in his own statement acknowledges the possibility that he had received money from A-1 which the latter has also alluded to, there prima facie appears to be a connection - It was on A-1's recommendation that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 420, 406, 120B -- Bail - Cheating - Case against petitioner is based on documentary evidence which is part of challan - There can be therefore no risk of petitioner tampering with the evidence - Moreover, charges have not yet been framed - Prosecution has cited 46 witnesses and will be..........
Criminal Procedure Code, 1973, Section 167(2), Official Secrets Act, 1923, Section 3, 4, 5, Indian Penal Code, 1860, Section 120B -- Default bail - Offence u/ss 3, 4, 5 of Officials Secrets Act and u/s 120-B IPC - S.3 of Officials Secrets Act, prescribes maximum punishment up to 14 years - There is no minimum punishment provided under the said provision - Punishment..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, 29, Indian Penal Code, 1860, Section 420, 465, 468, 471, 120B, Arms Act, 1959, Section 25 -- Bail - Contraband - Cheating - Petitioner has already suffered incarceration for a period of more than 5 years, 4 months and 19 days - Investigation was..........
Indian Penal Code, 1860, Section 500, 120B, Information Technology Act, 2000, Section 66, 67 -- Defamation - No material brought on record to even prima facie indicate that petitioners had reported or published imputation concerning complainant to harm his reputation or knowing or having reason to believe that it would cause harm to his reputation - Proceedings quashed...........
