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 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(c), Indian Penal Code, 1860, Section 468, 471, 420, 409 -- Sanction for prosecution - Offence u/ss 13(1)(c) of P.C. Act and Ss.468, 471, 420, 409 IPC - Misappropriation caused by petitioner was not while discharging his official duty, but loss was caused to Government..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 467, 468, 471 -- Quashing of proceedings - Offence u/ss 409, 467, 468, 471 IPC - Compromise - Parties have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - When once disputes has been settled by mutual compromise, then no..........
Indian Penal Code, 1860, Section 409, 477A, 120B, Prevention of Corruption Act, 1988, Section 5(1)(d), 5(2) -- Misappropriation of 540 bags of fertilizers (Urea) - Complaint lodged alleging misappropriation of only 540 bags of urea but investigation revealed that entire 1040 bags of urea was misappropriated - It is specifically alleged that accused conspired with criminal..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Misappropriation of huge amount of public money - Criminal conspiracy - Manner in which huge money was collected in contravention of provisions of SEBI Act and CIS Regulations and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 120B -- Quashing of proceedings - Cheating - Parties obtained consent decree from DRT in view of settlement arrived at between them - Accused paid entire sum and there is no live issue which now survives - No criminality issue surviving qua accused, who are alive so as to..........
Indian Penal Code, 1860, Section 409 -- Criminal Breach of trust - Reduction of sentence - Embezzlement of 85 liters of diesel by accused/driver, which was actually meant for being filled in passenger bus - Accused was in jail from 1999 and now he is in his late sixties and no longer in service and also ailing - He was not involved in any other criminal activity during his..........
Indian Penal Code, 1860, Section 409 -- Misappropriation of public funds - No evidence on record to show that missing cash vouchers were entrusted to accused or accused was custodian of the same at any time - No offence made out against accused from the contents of FIR and material available on record - Even a suspicion does not arise about commission of offence by accused..........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 173(8), Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 8, Haryana Panchayati Raj Act, 1994, Section 53, Constitution of India, 1950, Article 243 -- Misappropriation of funds - Disciplinary proceedings - Interpretation of `misconduct' committed by Sarpanch or a Panch is to be seen..........
