Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence under - Bail - Petitioner registered owner of truck and had given it to co-accused on hire basis - Co-accused admitted to bail - Without expression opinion on merits, bail granted...........
Criminal Procedure Code, 1973, Section 256, 302, Indian Penal Code, 1860, Section 406, 420 -- Complaint u/ss 406, 420 IPC - Death of complainant during pendency of complaint - Open to sons of complainant to apply for continuation of proceedings...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 464, 423, 420, 34 -- FIR - Quashing of - Sale of land to daughter by General Power of Attorney holder inspite of specific notice of revocation of Attorney - Complaint cannot be quashed by holding that it is a matter of civil dispute when it prima facie discloses ingredients of offence complained...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406 -- Cheating - Amount involved Rs.75 lacs - Petitioner in custody for seven months - Investigation qua petitioner complete - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Name of accused not mentioned in FIR - Investigation complete and challan filed - Trial likely to be protracted as the prosecution has cited 21 witnesses - Bail allowed...........
Criminal Procedure Code, 1973, Section 173(2), 173(8), Indian Penal Code, 1860, Section 420, 466, 467, 471 -- Investigation - Withdrawal of cancellation report - Police thoroughly investigated the entire matter and submitted cancellation report - Later, police sought withdrawal of cancellation report which cannot be permitted - Police can seek permission of Court to make..........
Indian Penal Code, 1860, Section 406, 418, 420, Criminal Procedure Code, 1973, Section 177 -- Bank loan - Failure to pay - Offence of cheating - Jurisdiction - Bank sanctioned loan at Delhi and accused availed the same at Delhi - Demand to repay loan made at Delhi - Thus entire transaction took place at Delhi - It is Court at Delhi and not at Srinagar which has..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 420, 467, 120B -- Re-investigation - Power of Magistrate - Case registered against petitioners for offence under Sections 420, 467 and 120-B IPC - Negative report submitted by police after completion of investigation - Magistrate directed IO to carry out further investigation in a particular..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Land sold to someone else - No offence of cheating - Culpable intention at the beginning, when promise was made, cannot be presumed when there is failure to keep up promise subsequently - FIR is an abuse of process of law - FIR and all proceedings taken thereunder..........
Criminal Procedure Code, 1973, Section 451, Indian Penal Code, 1860, Section 420, 467, 471 -- Hire purchase agreement - Non payment of instalments - Car seized - Release of case on superdari - Held, pending adjudication of the rival claims with regard to title of vehicle in question, superdari be given to one who is mentioned in the certificate of registration as the..........
