Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and proceedings in furtherance thereto for offence u/ss 420, 467, 471, 472/120-B of IPC - FIR filed after 10 years of original agreement signed between parties - Admittedly, complainant himself gave specific reason in FIR that agreement to sell could not be executed because of variation of price in immovable..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Discharge - Financial fraud - Forged documents - One Time Settlement - Accused got Letters of credits (L.Cs) issued by bank in favour of fictitious companies proposed by them and said companies got the same discounted by attaching their bogus bills - It is not a simple..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Civil and criminal proceedings - Admission made in criminal proceedings u/s 145 Cr.P.C. - Would not operate as res judicata, as a judgment of criminal Court in summary proceedings is not binding upon civil Court - Even otherwise, Court exercising jurisdiction u/s 145 Cr.P.C. is not competent to decide questions which..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Not required for passing an order u/s 156(3) or for search warrant - However, it is required at the stage of taking cognizance of offence, when Magistrate applies his mind to legal proceedings and considers police report or material before it...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22, Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Recovery of 13 kg ganja - Quantity of ganja recovered from accused is more than small quantity but less than commercial quantity for which accused cannot be detained more than 60 days in terms of S.167(2) Cr.P.C. - Charge sheet not..........
Criminal Procedure Code, 1973, Section 133, Indian Penal Code, 1860, Section 188 -- Removing Garbage - No reason whatsoever as to why Municipal Authorities should not undertake task of removing garbage from city to make city clean and habitable for its residents - M.C., are under statutory duty and obligation to remove garbage from city - Sub Divisional Magistrate is..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused already undergone 3 years and 15 days and earned remission of 4 months and 29 days out of his total sentence - Substantive portion of sentence already undergone by accused and appeal likely to take some time - Remaining sentence of accused suspended during pendency of..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail can ordinarily be cancelled if accused misuses liberty of bail granted to him or violates condition of bail order...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of anticipatory bail - Petitioner did not made any misrepresentation while craving anticipatory bail - He appeared before I.O for investigation and original documents have been recovered - Neither accused misused liberty of bail nor violated any condition of bail order as portrayed while challenging order..........
Criminal Procedure Code, 1973, Section 156(3), 154(3) -- Application u/s 156(3) - Lodging complaint with a superior police office u/s 154(3) Cr.P.C. is not a condition precedent before approaching Magistrate u/s 156(3) Cr.P.C. - Lodging complaint with S.P. u/s 154(3) Cr.P.C. is an alternate option and not an exclusionary one...........
