Criminal Procedure Code, 1973, Section 468, Indian Penal Code, 1860, Section 379, 34 -- Cognizance of offence - Limitation - Occurrence took place on 03.05.1998 - FIR registered on 20.07.1999 - Charge-sheet submitted in Court by prosecution on 11.04.2000 - Mere filing of challan or prosecution of the complaint in the Court cannot be held to mean that its cognizance has..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 419, 420, 468 -- Quashing of proceedings - Cognizance of offence taken by Magistrate on the basis of protest application after rejecting the final report - Magistrate took the cognizance without following the proper procedure because, in case a final report is submitted in the Court, the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 465, 468, 471 -- Quashing of FIR - Allegations in FIR prima facie constituting offence against accused and IO after collection of evidence submitted charge sheet - No good ground for quashing of charge sheet...........
Indian Penal Code, 1860, Section 120B, 420, 471, 468, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Conviction u/ss 420, 468, 471 IPC - Accused a public servant - Conviction suspended during pendency of appeal...........
Indian Penal Code, 1860, Section 409, 468 -- Criminal breach of trust and forgery - Bank employee misappropriating money - No evidence on record that he alone was responsible for such transactions - No evidence that accused destructed or altered the records - Account holders from whose accounts, accused alleged to have mis-appropriated funds not examined - Relevant ledgers..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 468, 471 -- Bank fraud to the tune of 50 crores - Accused in jail for 2-1/2 years - Charge sheet filed - Trial to take long time as 150 witnesses cited - Since huge amount is involved in the systematic fraud, there is danger of appellants absconding, if released on bail, or will attempt to..........
Criminal Procedure Code, 1973, Section 468 -- Penal Code, 1860, Sections 406, 498-A r/w 34 - Limitation - Cause of action - Complaint u/Ss.406/498-A/34 IPC - Wife was persuaded to withdraw her earlier complaint on 19.5.1990 with an assurance that the dispute has been amicably resolved -Later on, she was compelled to leave her matrimonial home on account of maltreatment and..........
Indian Penal Code, 1860, Section 218, 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), Constitution of India, 1950, Article 226 -- Criminal proceedings - Quashing of and stay of arrest - Senior IPC Officer - Petitioner trustee of charitable trust founded by his family - Huge land in name of trust - Prima facie case of fraudulent action of..........
Indian Penal Code, 1860, Section 500, Criminal Procedure Code, 1973, Section 468(2), 482 -- Malicious prosecution - Complaint u/s 500 IPC - Limitation for filing such complaint commences from the date of filing of the earlier complaint and not from the date of acquittal in the earlier proceedings...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Bail - Securing job on basis of forged and fictitious educational certificates - Recovery of 57 rubber stamps in name of heads of various institutions from house of applicant - Role imputed against..........
