Constitution of India, 1950, Article 20(1), Indian Penal Code, 1860, Section 467, 468, 471, 406, 420 -- Orissa Protection of Interest of Depositors (in Financial Establishments) Act, 2013, S.6 - Cognizance of offence - Ex-post facto law - Offence u/ss 467, 468, 471, 406, 420 IPC and S.6 OPID Act - In the instant case, execution of sale-deed in favour of informant by..........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 427, 447, 506, 120(b), 34 -- Sanction for prosecution - Corruption case - Where misconduct is in some different capacity than the one which is held at the time of taking cognizance, there will be no necessity to take the sanction...........
Criminal Procedure Code, 1973, Section 173 -- Cognizance of offence - Final report - At the time of taking cognizance u/s 190(1)(b) Cr.P.C., Court ought to have applied its mind in the final report - In case of shortcomings, Court is not powerless to order a further investigation, if required or correction or clarification in the final report, if required...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 427, 435, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1) -- Quashing of summoning order - Offence u/ss 323, 324, 427, 435 IPC and S.3(1) of SC/ST Act - Cognizance of offence cannot be taken on the basis of affidavits of complainant and witnesses,..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B -- Summoning of additional accused - Order taking cognizance u/ss 498-A, 304-B IPC - Co-accused acquitted from the alleged offences - It is duty of Court below to consider judgment of acquittal passed in respect of co-accused, before invoking power u/s 319 Cr.P.C. - Impugned order of..........
Criminal Procedure Code, 1973, Section 197, 482, Notaries Public Act, 1952, Section 13 -- Sanction for prosecution - Quashing of Criminal Proceedings - Attestation of antedated agreement, knowing fully well that said agreement was not entered between respective parties in his presence and further fabricated Register in support of hist attestation - Held that, act of..........
Criminal Procedure Code, 1973, Section 177, 178 -- Territorial jurisdiction - There is no absolute prohibition that offence committed beyond the local territorial jurisdiction cannot be investigated, inquired or tried - However, after investigation is over, if officer arrives at the conclusion that cause of action for lodging FIR has not arisen within his territorial..........
Criminal Procedure Code, 1973, Section 190, 482 -- Quashing of proceedings - Cognizance of offence - Offence u/ss 294, 323, 452, 302, 506, 34 IPC - Nature of facts alleged and discovered create grave doubts about alleged occurrence - Even, there are some suppressions and grave discrepancies in statements of witnesses recorded during enquiry - Moreover, no FIR was lodged..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Where the uncontroverted documents and circumstances create grave doubts about the truth of the prosecution case or make the prosecution story inherently improbable, merely because the witnesses during enquiry state in unison about the commission of alleged offences, the same cannot be accepted as making..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Court is required not to shift or assess the evidence/statement of the witnesses in detail with a view to find out if it is sufficient for conviction of the accused but is only to find out whether prima facie case regarding commission of offences is made out or not, cannot be said to be without..........
