Indian Penal Code, 1860, Section 409, 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Return of original service book of petitioner - When original service book forms part of offence or is necessary to prove offence, I.O. and Courts will be justified in retaining original service book but where original service book is not..........
Criminal Procedure Code, 1973, Section 229, Indian Penal Code, 1860, Section 409, 420, 467, 468, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(D) -- Discharge - Bitumen scam - Two charge sheets were submitted first against accused second against petitioners - Allegation against petitioners is short supply of bulk bitumen by supplier - However, allegation..........
Indian Penal Code, 1860, Section 409 -- Offence u/s 409 IPC - Order taking cognizance of offence - Quashing of order - Petitioner exonerated from departmental inquiry on the very same charges - Magistrate failed to appreciate in correct prospective, the sound and substantial reasons given by police in negative final report and proceeded to take cognizance against..........
Indian Penal Code, 1860, Section 420, 409, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Breach of contract - Case involving a simple dispute of breach of contract - No offence made out from the case set up by complainant in FIR - FIR and all consequential proceedings quashed...........
Indian Penal Code, 1860, Section 406, 409, 418, 420 -- Offence u/ss 406, 409, 418, 420 IPC - Business dealings with petitioner not denied by de-facto complainant - De facto complainant permitted accused to investigate their monies in stock market - Issue as to whether accused mismanaged in such investment or not is a triable issue which is subject matter of civil suit..........
Criminal Procedure Code, 1973, Section 319, Prevention of Corruption Act, 1988, Section 11, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 409, 120B -- Summoning of additional accused - Misappropriation of amount in State Corporation - Collection of money done in different branch offices spread all over State - However, instructions were being parted through a..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 409, 384, 120B -- Anticipatory bail - Cheque dishonoured in 2013 - Delay of 3 years in lodging of FIR - Criminal proceedings for recovery of amount outstanding in year 2012-2013 - Bail granted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 403, 409, 464 -- Quashing of proceedings - Offence u/ss 420, 403, 409, 464 IPC - Findings of inquiry clearly indicate that large volume of material facts surrounded by lodging of FIR and its authenticity needs to be investigated and truth unravelled - High Court cannot interdict criminal..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 409, 419, 420, 506 -- Quashing of complaint - Offence u/ss 406, 409, 419, 420, 506 IPC - Compromise arrived between parties and both parties agreed to part away each other - No date fixed for filing divorce petition in compromise - Time taken by Court while recording evidence and deciding..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471 -- Quashing of complaint - Cheating - Merely because complaint is made by member of parliament, it cannot be said that complaint was politically motivated, particularly when allegations were prima facie correct - Petition for quashing rejected...........
