Drugs and Cosmetics Act, 1940, Section 18(a)(1), 18(B), 16(1)(A), 17(C), 17(AF), 27(B)(1), 28(A), 27(D), Criminal Procedure Code, 1973, Section 468 -- Sample taken in 1993 and complaint filed in 1998 - Maximum sentence provided for the offence 3 years - Complaint barred by limitation - There was not even a whisper as to the cause of delay - Delay in prosecution has to be..........
Indian Penal Code, 1860, Section 471, 468, 420 -- Alteration in date of birth from 16.8.1929 to 1.10.1930 in official record - Civil Court gave a finding that date of birth was 1.10.1930 - In view of finding of Civil Court continuation of FIR is nothing but an abuse of the process of Court...........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Date to be reckoned for the purpose of computing limitation is the date on which the complaint is filed and not the date on which the magisterial act of taking cognizance manifests u/s 204 of the Code...........
Indian Penal Code, 1860, Section 409, 467, 468 -- Conviction for misappropriation of small amount of Rs.1263/- and Rs.802/- - Accused faced trial for 25 years and also lost their jobs - Accused were then 40 years of age - Sentence reduced to already undergone and amount of fine marginally increased...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Anticipatory bail - Money extracted for sending abroad - Parties compromising - Anticipatory bail sought on the ground that matter is of recovery of money and question whether element of cheating is involved is a matter for trial and custodial interrogation is not..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- A person impersonated and drawing money from bank - Said person acquitted as prosecution could not prove the offence - Petitioner a co-accused who identified the accused at the time of withdrawal of amount cannot be convicted when accused who received the amount is acquitted...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 467, 468, 471, 120B -- Public servant - Offence committed u/ss 467, 468, 471 & 120-B - Sanction for prosecution is not required - It is no part of duty of a public servant while discharging his official duties to commit such offence...........
Criminal Procedure Code, 1973, Section 468 -- Market fee - Evasion - Petitioner agreed to make payment - Cheque issued - Cheque dishonoured - Limitation - Starts to run not from the date when offence was committed but from the date when there was breach of promise i.e. dishonour of cheque...........
Indian Penal Code, 1860, Section 409, 405, 468, 471 -- Misappropriation - Accused an employee of Post Office - Accused allowed payment on some forged vouchers - No proof that accused had knowledge of forgery or had conspired with forgers - Mens rea not proved - Accused acquitted...........
Criminal Procedure Code, 1973, Section 468, 469, 473 -- Limitation - Complaint filed within limitation but cognizance taken after period of limitation - Held, limitation prescribed is only for the filing of the complaint or initiation of the prosecution and not for taking cognizance...........
