Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 294, 34 -- Quashing of FIR - Cheating - Criminal breach of trust - FIR of case prima facie discloses commission of cognizable offences by accused - It cannot be said that dispute in question is of purely civil in nature - Investigation of case is at initial stage - Court is thus,..........
Information Technology Act, 2000, Section 69A, Criminal Procedure Code, 1973, Section 154 - - Registration of FIR - Cognizable offence - When chance of committing any cognizable offence is made out for which action is to be taken u/s 69-A of the Act, FIR is mandatory...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Gravity of offence - Not a decisive ground to deny bail - Competing factors are required to be balanced by Court while exercising its discretion...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 9.20 gms charas - Bail - Contraband recovered from conscious possession of co-accused, who is already enlarged on bail - Case registered against petitioner on the basis of statement made by co-accused - No direct evidence to suggest involvement of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Recovery of 18 gunny bags of poppy straw - Search and seizure proceedings were conducted by Sub-Inspector, who was not SHO of concerned police station, in clear negation of S.42 of NDPS Act - Third option given u/s 50 of NDPS Act,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque whether issued by force or there was outstanding, which is lawful or not - This question of fact cannot be considered in a petition for quashing proceedings...........
Criminal Procedure Code, 1973, Section 482, Ranbir Penal Code, 1989, Section 304A -- Quashing of proceedings - Offence u/s 304A RPC - As per allegations, complications arose in health of deceased during post operative period which led to death of deceased - However, Committee of experts on two separate occasions opined that deceased was managed by accused as per prescribed..........
Criminal Procedure Code, 1973, Section 428 -- Set off - Detention undergone by accused subsequent to date of conviction can only be a detention in execution of sentence awarded by Court pursuant to conviction - Said detention cannot be treated as detention for purpose of S.428 Cr.P.C. - Provision of S.428 Cr.P.C. is applicable only in respect of detention undergone by an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Recovery of 25 gms heroine - Recovery effected from co-accused - Nothing recovered from petitioner - Moreover, petitioner already joined investigation and he is not required for custodial interrogation - No useful purpose will be served by..........
Criminal Procedure Code, 1973, Section 397, 401, 227 -- Revision - Charges framed u/ss 354, 354-A, 354-B, 341, 342, 376(2)(f), 376(2)(k) IPC - As per statement of victim u/ss 161, 164 Cr.P.C. she has interacted with her peers and friends disclosing her anguish at the conduct of applicant/accused both in respect of incident and apology tendered by accused - Therefore,..........