Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471 -- Quashing of charge sheet - Offence u/ss 406, 420, 467, 468 & 471 IPC - Agreement to sell - Huge amount of earnest money paid - Sale deed not executed despite receipt of notice - Land for which agreement to sell was made sold to some other persons - Prima facie cognizable..........
Indian Penal Code, 1860, Section 420, 466, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Forged document handed over to Advocate who produced it in Court - Advocate cannot be held liable for producing a forged document in Court - Advocate in no way is the beneficiary if the said document is ultimately accepted or rejected - It is ultimately the person who..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Conviction - Appeal - Suspension of sentence - An independent witness has been cited for first time during pendency of trial and was not cited as a witness initially and his statement u/s 161 Cr.P.C. was not recorded - Besides, trial court accepted that there was..........
Criminal Procedure Code, 1973, Section 190, 468, 473, Indian Penal Code, 1860, Section 498A, 406 -- Taking cognizance of offence beyond period of limitation - Case registered for offences indictable u/ss 498-A and 406 IPC - Cognizance taken by Magistrate beyond period of limitation - No reason assigned by Magistrate making it evident in order that period of taking..........
Criminal Procedure Code, 1973, Section 468, 469, 190, 200, 202 -- Limitation - Complaint filed within time - Process issued after expiry of limitation - Held, limitation prescribed under the Code is only for filing of complaint or initiation of the prosecution and not for taking cognizance - Moreover taking cognizance is an act of Court over which the prosecuting agency or..........
Essential Commodities Act, 1955, Section 12AA, Criminal Procedure Code, 1973, Section 468 -- Sample of fertilizer taken in the year 1983 - FIR registered on 16.05.1985 - Challan put up in the year 1988 beyond the period of limitation which is three years - For such an offence maximum sentence for imprisonment is 2 years as such provision of S.468 CrPC comes into play under..........
Criminal Procedure Code, 1973, Section 468, 470(3), Standards of Weights and Measures Act (Enforcement) Act, 1985, Section 33(1), 63 -- Complaint - Limitation - Commission of offence u/s 51 of Act of 1985 read with Rule 39 (1) of Rule 1977 - Obtaining of sanction for prosecution not provided in the Act - Held, complainants not entitled to exclusion of time taken in..........
Criminal Procedure Code, 1973, Section 265A, 265B, 265C, Indian Penal Code, 1860, Section 420, 468, 471 -- Allegation of supply of sub standard items - Offence u/ss 420, 468, 471 IPC - `Plea bargaining' sought by the accused - Prosecution endorsed no objection - Dismissal of application on the ground that petitioner has not filed affidavit that he is not a previous convict..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 467, 468, 472, 474, 420 -- Discharge of accused - FIR lodged against company - After investigation, charge sheet submitted against Directors - Directors moved application for discharge on the plea that there was no allegation that they were executing the functions of the company - Application..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 468, 473 -- Cruelty - Last incident of cruelty and torture occurred in the year 1994 and thereafter never lived with the revisionist - Cognizance of offence taken in 2005 - No order passed by Magistrate u/s 473 Cr.P.C. whereby he condoned the delay - Order taking cognizance is barred by principle..........
