Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e) -- Assets disproportionate to known source of income - Quashing of FIR - Entire investigation of case is not in violation of S.17 of P.C. Act - Merely because some property is shown in income tax returns, same is not sufficient to say that no case of disproportionate assets can be made out against an accused -..........
Indian Penal Code, 1860, Section 302, 404, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/ss 302, 404, 34 IPC and S.3(2)(v) of SC/ST Act - When the offence complained are both under IPC and SC/ST Act and charges under IPC is framed after investigation is conducted by a competent police officer in accordance with..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17, 36(A)(4) -- Default bail - Recovery of 1 kg 277 gms opium - Contraband recovered from accused is less than commercial quantity but more than small quantity - Offence in question would be punished with R.I for a term which may extend to 10 years - Charge sheet..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B -- Summoning of additional accused - Dowry death - No specific allegation qua ill-treatment, much less any demand of dowry finds mention qua both of accused - Vague allegations made against them - Even investigating agency during investigation did not find any complicity of both the accused -..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Order granting bail can either be challenged on merits before higher Court or same can be cancelled u/s.437(5) or S.439(2) Cr.P.C. on consideration of relevant factors of misuse in indulging in similar criminal activity, interfering with course of investigation, attempts to tamper with..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Averments made in application and material, if any, in support thereof, if disclose cognizable offence then Magistrate should order registration of FIR and investigation by police - In such a case aggrieved person should not be compelled to collect and produce evidence at his cost to treat..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Cheating - Accused have taken a sum of Rs.8 lacs from complainant for purpose of sending son of complainant abroad - However, receipt and one agreement relied upon by complainant is disputed by accused - Even otherwise, contention that accused had undertaken to pay money..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 469, 294, 120B, 201, 384, Information Technology Act, 2000, Section 66D, 67, 67A, 67E -- Cancellation of bail - Complaint regarding misuse of concession of regular bail/anticipatory bail not filed with the police authorities - Affidavit of DSP regarding details of investigation carried out..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Final report filed within time - As investigation entrusted to CBI as such final report set aside - Held, once investigation agency files charge sheet within prescribed period, right of accused to get default bail ceases...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within time - Charge sheet set aside as investigation entrusted to CBI - Order to entrust investigation to CBI passed by single Judge of High Court challenged and appeal there against pending before Division Bench - Held, non existence of charge sheet against accused during interregnum does..........
