Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
Indian Penal Code, 1860, Section 419, 465, 471, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Dispute emanated from civil dispute - However, if any mischief is alleged to be committed in execution of sale deeds, a criminal action may follow suit, which is to be examined during and in course of enquiry and trial..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Genesis of dispute involved is essentially of civil nature given a criminal texture - Ingredients of offence not made out considering final report - Continuation of proceedings against accused would result in abuse of process of Court -..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1), 19, Indian Penal Code, 1860, Section 468, 471, 120B -- Complaint u/s 156(3) Cr.P.C. against public servant u/ss 7, 11, 13 & 15 of PC Act cannot be forwarded for investigation in the absence of sanction granted by competent authority u/s 19 of P.C. Act...........
Indian Penal Code, 1860, Section 182, Criminal Procedure Code, 1973, Section 468, 469 -- Kalandra/complaint u/s 182 IPC - Limitation - Starting period - Limitation starts on the date when the police officer finds that complaint was false - Therefore, taking cognizance against petitioner u/s 182 IPC on the basis of complaint after expiry of one year as prescribed u/s 468..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 409, 420, 465, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(A), 13(2) -- Bail - Embezzlement of money - Accused is specifically named in the FIR and he is also prima facie found to be involved in the scam - He is behind bars for a substantial period of more than 5..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 384, 406, 423, 467, 468, 420, 120B -- Quashing of FIR - Offence u/ss 323, 384, 406, 423, 467, 468, 420, 120B IPC - Ingredients to attract offence and nature of allegations contained in application filed by respondent would undoubtedly make it clear that respondent had failed to make specific..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 384, 406, 423, 467, 468, 420, 120B -- Quashing of FIR - Offence u/ss 323, 384, 406, 423, 467, 468, 420, 120B IPC - Ingredients to attract offence and nature of allegations contained in application filed by respondent would undoubtedly make it clear that respondent had failed to make specific..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - FIR lodged within period of limitation but cognizance taken on subsequent date - Same will be treated to be within period of limitation...........
Indian Penal Code, 1860, Section 420, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute regarding execution of sale deed - Civil suit is pending between parties - Civil Court is therefore seized of the question as regards legality and validity of disputed sale deed - In such situation it will not be proper to permit..........
