Criminal Procedure Code, 1973, Section 482, 320, , Section 420 - - Cheating - Quashing of proceedings - Accused alleged to have deceitfully collected lakhs of rupees under cover of registered/unregistered deeds - No documents filed to show that parties had either compromised or settled their dispute - Fact of payment of money to complainants by invoking bank guarantee and..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 156(3) -- Will - Alleged to be forged and on the basis of such forged Will, succession certificate procured - Complaint filed - Courts below held it to be a case of civil nature as succession certificate issued by civil court is under challenge before appellate court - Held, a..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Failure to execute sale deed - For that civil remedy is available - There was no dishonest intention from the very beginning to cheat the complainant or to commit an offence of criminal breach of trust - FIR quashed...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13(1), 13(1)(d), 19, Indian Penal Code, 1860, Section 467, 468, 471, 420 -- Public servant - Sanction for prosecution - Sanction granted u/s 19 of Act of 1988 for offence u/s 13(1) and 13(1)(d) of Prevention of Corruption Act and S.420 IPC - Sanction not granted for offence u/ss 467,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - (i) Delay in lodging FIR - It is an issue which is to be adjudicated upon by the trial Court; (2) Whether there is direct evidence or circumstantial evidence to prove the existence of offence u/s 120-B IPC is naturally..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 274, 275, 276, 420, 120B, Trade Marks Act, 1940, Section 103, 104, Drugs and Cosmetics Act, 1940, Section 17B, 27 -- Bail - Offence u/ss 274, 275, 276, 420, 120-B IPC, Ss.103, 104 Trade Marks act & Ss.17-B, 27 of Drugs and Cosmetics Act - Nature and gravity of the accusation and severity of the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420 -- Quashing of FIR at initial stage - Criminal breach of trust and cheating - Held, when investigation is in progress Court would not be justified in concluding that there is no material to allow investigation process to continue and/or to quash FIR at this stage and thereby to foreclose..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 420 -- Anticipatory bail - Cancellation - Legality - Appellants aged and rustic - Not influential persons holding high office to put pressure on the investigating agency - Unlikely that police would find it difficult to interrogate them because of anticipatory bail order - No concrete..........
Criminal Procedure Code, 1973, Section 173, 190, 204, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471 -- Cognizance of offence - Charge sheet filed against accused - Governor refused to grant sanction for prosecution of the accused - In absence of sanction for prosecution, Magistrate has to ignore the..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 420 -- Public servant - Prosecution without sanction - Legality - Held, in absence of any sanction no cognizance of the offence can be taken against revisionist on the basis of charge-sheet submitted against him before trial Court - Revisionist liable to be discharged - Revision allowed...........
