Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B -- Bail - Cheating - Accused is in custody since 7.3.2024 for more than 2 months and further incarceration of accused would be violation of his rights u/art 21 of Constitution, as trial is likely to take some time - Entire evidence of case is documentary in nature and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 477A, 120B, 34 -- Quashing of order taking cognizance - Cheating - Allegation that accused manipulated the judicial processes and revenue records to illegally acquire government lands - Act of forgery was a deliberate attempt to circumvent the legal procedure - Nature and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 406, 504, 506 -- Quashing of proceedings - Cheating - Allegations made in the FIR even if taken at its face value, do not disclose the commission of an offence to make out a case against accused - Continuation of proceedings would not be in the interest of justice and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 467, 468, 472, 120B, Essential Commodities Act, 1955, Section 13 -- Quashing of complaint - Cheating - Entire dispute is of a civil nature arising out of commercial transaction - No allegation that accused company was involved in any manner with transaction between A-2 and complainant -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471 -- Bail - Cheating - Taking into account the gravity of offence, evidence presented, the involvement of accused, severity of punishment and arguments put forth by counsel for both the parties, there is no compelling reason to exercise any discretion in favour of accused -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Offence u/ss 420, 467, 468 & 471 IPC - Accused already suffered incarceration for a period of 02 years, 02 months and 21 days - Out of total 11 prosecution witnesses, none has been examined so far - Conclusion of trial will take long time - Denial of bail on ground of..........
Indian Penal Code, 1860, Section 466, 467, 468, 471, 475, 511, 420 -- Forged document - Husband/petitioner forged documents and produced the same before Army Group Insurance Fund to get the death benefits of his wife - Involvement of petitioner in the crime has been arrived, on the basis of other independent evidence - Even without an exercise on the part of Court towards..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Quashing of FIR - Offence alleged to be committed on the basis of fabricating and forged documents - However, there is no reference to any document which has been forged - More so, complainant failed to appear before Court to justify the allegations made..........
Arms Act, 1959, Section 30, Criminal Procedure Code, 1973, Section 468 -- Offence u/s 30 of Arms Act - Cognizance of offence - Limitation - Offence u/s 30 of Arms Act being punishable upto 6 months imprisonment, therefore no Court can take cognizance after period of one year - In the instance case, arms licence of petitioner expired in Aug 2011 and he kept gun with him..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 511 -- Forged documents - Handwriting and signatures on alleged forged documents were not compared with standard handwriting and signature of petitioner - More so, in the absence of cross-examination of I.O. to prove the alleged documents completely suffocates the case of prosecution - Drawing an adverse inference..........
