Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 506 -- Bail - Cheating - Dismissal of bail applications of co-accused against whom there were allegations of active involvement - Cannot be treated to be fatal for considering the bail application of petitioner against whom there is no direct and categoric allegations..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cheating - Civil and criminal proceedings - Quashing of criminal proceedings - Case is purely a business transaction - Allegations as made in complaint itself are not sufficient to constitute a criminal offence - Matter is absolutely of a civil nature and civil suit was already pending - Complainant is misusing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201 -- Second bail application - Cheating - Accused placed on record zimini orders passed after dismissal of earlier bail application which are about 23 in number whereby trial Court repeatedly adjourned the case - Delay has been caused at the hands of prosecution - It is not a..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 504, 506, 448, 387 -- Quashing of proceedings - Cheating - FIR does not disclose any act of accused or their participation in commission of crime - It is not the case of complainant that either accused have played any active/passive role either in scribing document or are..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Cheating - Forgery - No element of dishonesty from inception specifically when parties have entered into business transaction after understanding terms of MOU/agreement duly signed and without any allegation of forgery in said document - There was thus, no material on record that any offence of forgery was prima..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Prima facie there is no evidence which implicate accused directly/indirectly connected to commission of crime - Accused not in any manner facilitated co-accused either in creating or in fabricating alleged forged degree of B.Ed..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Second anticipatory bail application - Accused by submitting forged documents had received benefits of a revised pay scale from department and prima facie committed offences in question - Custodial interrogation of accused is required for recovering original documents and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 304, 506 -- Forged and fabricated Will - Quashing of complaint - Ex facie allegations in FIR disclose an offence - Whether persons named in FIR have committed offence or not, has to be decided upon trial in criminal proceedings - High Court fell in error in taking an..........
