Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 387, 448 -- Quashing of FIR - Offence u/ss 384, 387, 448 IPC - FIR registered to achieve ulterior motive of collateral purpose of eviction for which no recourse to criminal proceedings can be initiated - Even, action of police locking entrance collapsible iron gate of suit premises is also..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 417, 405, 120B, 34 -- Direction to investigate - Cheating - Dispute between parties is non-sharing of profits arising out of business transaction - However, there is no statement as to what was profits made by accused - Entire transaction is apparently contractual transaction and dispute..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Interim bail - Offence u/s 376 IPC and S.4 of POCSO Act - Bail granted without notice to complainant of FIR - Courts are bound to follow Practice Directions dated 24.09.2019 and directions of high Court as laid down in..........
Indian Penal Code, 1860, Section 392, 397, Evidence Act, 1872, Section 9 -- Robbery - Test Identification parade (TIP) - Complainant identified accused who had robbed him on point of knife - He thereafter identified accused during his testimony - Even though accused have been shown to complainant by police, there is no material to doubt his testimony that he was merely..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 465, 468, 471 -- Quashing of proceedings - Cheating - Compromise in civil Court - After availing benefit of said compromise, complainant cannot go back and reagitate the matter before another forum - Compromise includes all issues - Complainant cannot take a portion of the compromise which is..........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract - Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown at the beginning of transaction...........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract - Allegation that complainant supplied goods to accused and accused failed to pay the amount for the same - However, there was a meditation between accused and his creditors in which on behalf of complainant, her husband participated and agreed to receive Rs.7,30,000 in full and final settlement of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 326, 341, 148, 149, 506 -- Bail - Attempt to murder - Injury caused by sword blow on left arm of injured by accused cannot be said to be an injury dangerous to life - Accused is active in village politics and thus his wrongful inclusion in FIR cannot be ruled out - Trial is not..........
Indian Penal Code, 1860, Section 354A, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10 -- Offence u/s 354-A IPC and Ss.7, 8, 9, 10 of POCSO Act - I.O arrested accused during pendency of bail application u/s 438 Cr.P.C - Arrest of accused is in total violation of directions of Full Bench which held that persons who are involved in offences in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354A, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10 -- Bail - Offence u/s 354-A IPC and Ss.7, 8, 9, 10 of POCSO Act - Maximum punishment that can be imposed in the case is below 7 years - Accused was arrested on 21-4-2020 - S.354-A IPC is bailable - Whether offences..........
