Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Transfer power u/s 406 Cr.P.C is to be invoked sparingly - Only when fair justice is in peril that a plea of transfer might be considered...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of three cases - Petitioner apprehension is that on account of his work as investigative journalist against Ruling dispensation, State is targeting him for vindictive prosecution - However, two of cases are property and Will related matters and one of this case is pending for last over a decade - It is thus, difficult..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 384, 120B -- Anticipatory bail - Cheating - Long standing dispute between complainant and petitioners - They have entered into compromise and parties agreed to withdraw all criminal cases pending between them and get all proceedings dropped at whatever stages they are pending -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 406, 34 -- Bail - Dowry death - Deceased died unnatural death within 3 years of her marriage - There are categoric averments regarding demand of dowry from complainant and ill treatment of deceased by her in-laws - Issue as to cause of death is a question which trial Court will determine at..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 323, 504, 506, 406 -- Quashing of proceedings - Cheating - Allegation that husband of complainant was duped by committing fraud by accused thereby Tractor was sold by way of hypothecation with Bank was held to be with material defects - PWs categorically said that all accused in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 201, 120B -- Bail - Cheating - Several criminal cases including private complaints u/s 138 of N.I. Act is registered against accused - No case of grant of bail to accused in such cases is made out - Even in four FIRs accused declared P.O - Apprehension of State that if accused is granted..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 408, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Anticipatory bail - Cheating - Petitioner is joining and co-operating investigation - He is not in a position to tamper with prosecution evidence nor in a position to flee from justice, as he is permanent resident of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 120B -- Quashing of summoning order - Offence u/ss 406, 120-B IPC - Court below while summoning accused did not look into entire material in terms of police report which is on record and also did not question and try to elicit as to whether articles were demanded - No statement with regard to..........
Criminal Procedure Code, 1973, Section 406 -- Transfer petition - Supreme Court has power to transfer case and appeal and not investigation of a case...........
Indian Penal Code, 1860, Section 420, 406, Information Technology Act, 2000, Section 66D -- Cheating - Settlement - Quashing of FIR - Dispute was regarding parcel of land which complainant had purchased by registered sale deed - Settlement arrived at between parties - Dispute is private and personal in nature - Continuance of proceedings would lead to wastage of precious..........
