Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 166, 120B -- Quashing of FIR - Looking to the material collected by police during course of investigation, it cannot be said that petitioners have committed any offence punishable u/ss 420, 467, 468, 471, 166 and 120-B IPC as petitioner No.1 issued death certificate as per directions of SDO..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 482 -- Cheating - Double jeopardy - Quashing of proceedings - Earlier accused was acquitted u/s 138 of N.I.Act - Subsequently complaint filed u/s 420 IPC on the basis of same facts alleged in earlier complaint - Even though offence pleaded in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 392, 420 -- Bail - Triple murder case - Accused persons, both Police Officers, alleged to have committed murder of three persons, while on duty - Charge-sheet filed - Accused in custody for last 7 years - Trial will not likely to conclude within reasonable time - Many co-accused either..........
Indian Penal Code, 1860, Section 420 -- Cheating - For an offence of cheating the dishonest intention must be shown to exist at the time of entering into the contract...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 120, 420 -- Quashing of proceedings - Accused charged with offences u/ss 120B/420 IPC - Held, offence u/s 420 IPC is compoundable - But offence u/s 120B is not compoundable - Liability to make good monetary loss suffered by bank had been mutually settled between parties - High Court rightly..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere failure to fulfill a promise cannot be a ground to draw proceedings for prosecution u/s 420 IPC - The essential ingredient of the offence of cheating is dishonest misrepresentation on the part of accused at the time of making promise...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 120B -- Additional accused - Cheating and forgery - Allegation that fake sale deeds were got registered by accused in connivance with one another - Neither any specific role in execution of sale deeds in question has been attributed to petitioners nor they were present at..........
Prevention of Corruption Act, 1988, Section 4(3), 13(2), 13(1), Indian Penal Code, 1860, Section 120B, 420 -- Case registered against sole public servant and no, public servants u/ss 120-B, 420 IPC r/w S.13(2) & 13(1) of PC Act - Death of sole public servant before framing of charges - No PC offence committed by any of no, public servants - Held, Special Judge had no..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 420, 506, 34 -- Anticipatory Bail - Rape - Delay of 28 days in lodging FIR - Material produced by prosecution, does not prima facie show the commission of alleged offence by petitioner - Medical report mentioned external injuries like nail scratch abrasions but those abrasion were less than..........
Indian Penal Code, 1860, Section 413, 419, 420, 467, 468, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3(1) -- Stolen property - Recovered from the possession of accused person - Accused was sitting in the stolen vehicle on adjoining seat of driver - Vehicle was recovered from the possession of co-accused who died during trial -..........
