Criminal Procedure Code, 1973, Section 2(i), 195(1)(b)(i), (ii), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 193 -- Explanation 2 - Fabricated document - Fabricated evidence neither given on oath before Investigating Officer, nor Investigating Authority is "Court" for fabrication of document - Thus, investigation conducted..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 418, 465, 193, 196 -- Quashing of FIR - Cheating - Case is of the year 2017 and almost three years is completed but there is no progress by investigating agency either to file charge sheet u/s 173(1) Cr.P.C or to file any report as under relevant provisions of Cr.P.C - However, duty is cast..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 177, 181, 193, 200, 120B -- Third bail application - Cheating - Application for bail filed after police submitted second closure report - No offence has been committed by appellant as per second closure report - Merely because trial Court was yet to accept said report, High Court ought not to..........
Criminal Procedure Code, 1973, Section 482, 195, Indian Penal Code, 1860, Section 193, 466, 468, 471 -- Quashing of FIR - Creation of forged documents - Allegation that accused committed forgery by filing false vakalatnama seeking anticipatory bail - Accused admitted their signatures in Vakalatnama - However, mistakenly wrong date and place was mentioned in it with no..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), 340, Indian Penal Code, 1860, Section 193, 471 -- In absence of complaint in terms of S.195(1)(b)(i) & (ii) r/w S.340 Cr.P.C. is filed, the petitioner cannot be prosecuted for the said offences by directing registration of offence u/ss 193 & 471 IPC and the order directing registration of above-stated..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), 340, Indian Penal Code, 1860, Section 193, 471 -- Cognizance of offence - Offence u/ss 193, 471 - It appears that petitioner is Government servant and he is said to have committed offence u/ss 193, 471 IPC in relation to Court proceedings therefore, Ss.195(1)(b)(i) & 195(1)(b)(ii) Cr.P.C. is squarely..........
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 195(1)(b)(i) -- Private complaint u/s 193 IPC - Offence u/s 195(1)(b)(i) Cr.P.C. punishable u/s 193 IPC - Cognizance of offence cannot be taken on the basis of private complaint...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 195, 193, 120B -- Cheating - Election matter - Quashing of FIR - Allegation made in FIR did not disclose any cognizable offence - Remedy available to complainant was to challenge election at the appropriate forum rather than filing of FIR - Wrong facts in nomination paper of election to escape disqualification pertaining..........
Indian Penal Code, 1860, Section 193, 302, Evidence Act, 1872, Section 154 -- Murder - Perjury - First informant turned hostile - Fact that `K' an eye-witness, at whose instance, names of assailants and knowledge of incident was received, deliberately gave false evidence before Court and has turned hostile - Order passed to bring him on trial - Directions issued...........
Indian Penal Code, 1860, Section 191, 193, 199, Criminal Procedure Code, 1973, Section 340, 195 -- Perjury - Giving false evidence - Petitioner stated in complaint that respondent being a public servant has given false evidence in different cases before various Courts and sought for initiation of criminal action for perjury against her u/ss 191, 193, 199 IPC - However to..........
