Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 166, 167, 120B -- Sanction for prosecution - Offence u/ss 166, 167, 120-B IPC - Sanction of government not taken before taking cognizance against public servant, as mandated by S.197 Cr.P.C. - Order taking cognizance quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, 471, 120B -- Bail - Cheating - Forgery - Criminal conspiracy - Economic offences - Accused involved in tampering with answer sheets by illegal means and interfering with examination system, thereby securing top ranks for his daughter and other students - Large numbers of answer..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, 471, 120B -- Bail - Cheating - Forgery - Criminal conspiracy - Economic offences - Claim of parity with 28 other accused - 28 accused already granted bail are teachers and members of committee against whom no serious allegations were made - It is thus, not appropriate to compare the..........
Indian Penal Code, 1860, Section 120B, 304B -- Criminal conspiracy - Dowry death - Accused husband used to harass deceased and subjected her to cruelty in connection with demand of dowry - No evidence on record that father and mother of accused husband were also conspirators - Ingredients of S.120-B IPC missing - Accused acquitted u/s 120-B IPC...........
Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Offence u/s 13(1)(d) of P.C. Act and Ss.420, 120-B IPC - Merely because prosecution is not possible under P.C. Act, as High Court quashed sanction u/s 19 of P.C. Act, accused cannot be mechanically absolved of all liabilities under Criminal Law and prosecution would have to..........
Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Bank Loan - Misconduct - Offence under P.C.Act quashed - Trial as regards other offence under IPC would have to proceed before Competent Court - High Court would have to exercise inherent jurisdiction u/s 482 Cr.P.C. and direct Court below to return the complaint to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Quashing of complaint - Cheating - Civil dispute - Breach of contract - It cannot be said that at the time of entering into agreement, there was any intention on the part of appellant to cheat - No suspicion of any nature shown or alleged - No allegation that agreement was..........
Criminal Procedure Code, 1973, Section 228, 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Order framing charge - Offence u/ss 420, 467, 468, 471, 120-B IPC - Prima facie case for framing charge against petitioners found on record - Matter examined by two Courts below and there is no inkling in the order that trial Court has not examined the matter and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 468, 409, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2) -- Quashing of proceedings - Offence u/ss 468, 409, 471, 120-B IPC and Ss.13(1)(c)(d), 13(2) of P.C Act - Prima facie material available on record shows culpability of accused and many others in illegal appointment..........
Indian Penal Code, 1860, Section 414, 120B, Forest Act, 1927, Section 33 -- Confiscation of vehicle - Offence u/s 414, 120-B IPC and S.33 of Forest Act - Transportation of coal illegally mined from closed mines inside forest area - No document at the time of seizure produced by driver and statement of driver was recorded in which he categorically stated that coal was being..........
