Criminal Procedure Code, 1973, Section 340, 195 -- Forgery - It is necessary before lodging complaint that Court must be satisfied that it was expedient in interest of justice to lodge complaint - Use of actual words of S.340 Cr.P.C not necessary, but Court should record a finding indicating its satisfaction that it is expedient in interest of justice that an enquiry..........
Criminal Procedure Code, 1973, Section 482, 195, Indian Penal Code, 1860, Section 193, 466, 468, 471 -- Quashing of FIR - Creation of forged documents - Allegation that accused committed forgery by filing false vakalatnama seeking anticipatory bail - Accused admitted their signatures in Vakalatnama - However, mistakenly wrong date and place was mentioned in it with no..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302, 153A, 120B, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 43D(2)(b) - - Offence u/ss 302, 153-A, 120-B IPC and Ss.16, 18 of 1967 Act - Specific reason assigned by Public prosecutor fulfilling the mandate and requirement of S.43-D(2)(b) of 1967 Act and said fact was considered..........
Criminal Procedure Code, 1973, Section 173(2)(5)(a) -- Authorization for investigation - Dismissal of application by applying principles of res judicata - Failure to file application or authorization along with charge sheet was an omission constituting procedural lapse only - No impediment in appellant seeking to bring the same on record subsequently u/s 173(2)(5)(a)..........
Criminal Procedure Code, 1973, Section 340 -- Two conditions must be fulfilled for entertaining complaint filed u/s 340 Cr.P.C:- (i) that a person has given false evidence in a proceeding before Court; and (ii) it is expedient in the interest of justice to make an inquiry of offence committed by concerned person...........
Criminal Procedure Code, 1973, Section 340 -- False evidence - Allegation that respondent knowingly and willfully gave false statement in other case against appellant due to which appellant got implicated in present case - However, there is no nexus between statement given by respondent u/s 164 Cr.P.C in present case and evidence given by respondent in other case -..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Provisions of S.451 Cr.P.C. are applicable to vehicle seized under NDPS Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 -- Bail - Attempt to murder - As per the case of prosecution, petitioner given a severe blow to old age person of 71 years, but the fact remains that there is cross version also and a private complaint to that effect is pending before the Court of competent jurisdiction - Out of total 14..........
Criminal Procedure Code, 1973, Section 438 -- Second application for anticipatory bail - To be heard by same judge who had disposed of first bail application in case he is available...........
Criminal Procedure Code, 1973, Section 438 -- Second application for anticipatory bail - High Court while allowing anticipatory bail application of accused has not assigned any valid reason or shown any change of circumstance since rejection of first application for anticipatory bail - More so, Supreme Court vide its earlier order observed that accused is at liberty to..........
