Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegations against appellants that they committed offences u/ss 418, 504 & 120-B IPC - Company in which applicants were working willing to settle their claims by giving a sum of Rs.one lac to each of them - Company directed to pay specified amount to each of them - Order taking cognizance of offence..........
Criminal Procedure Code, 1973, Section 167(2), 173(8) -- Statutory bail - Charge-sheet submitted but cognizance not taken on or before date when accused refused bail and remanded to custody - Court directed further investigation in the matter - Second charge-sheet submitted by investigating officer because of order of Court directing further investigation and not because..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Quashing of summoning order - Complaint against accused u/ss 452, 323 and 504 IPC - Magistrate took cognizance and issued summoning order against accused after having found prima facie case - Held, inherent power cannot be exercised when factual foundation of any offence was laid against accused - Summoning..........
Land Acquisition Act, 1894, Section 18, 23, Limitation Act, 1963, Section 5 -- Acquisition of land - Delay of 1110 days in filing appeal - Condonation of delay - Appellants/villagers are illiterate and are not conversant with the intricacies of law - Court should adopt a liberal approach and either grant time to the party to file better affidavit to explain delay or suo..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust and cheating - Quashing of proceedings - Sale of joint property by suppressing certain facts - Nothing on record to show that complainant was dishonestly induced to deliver the property in question by making false or misleading representation - No..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 193, 194, 195, 196, 200 -- Offence punishable u/ss 193 to 196 and 200 IPC - Cognizance can be taken only upon a complaint in writing, by Court before whom such false evidence has been given, or by an officer of such Court - FIR is not maintainable...........
Criminal Procedure Code, 1973, Section 468, 473, Indian Penal Code, 1860, Section 304A, 337, 338 -- Offence u/ss 337, 338, 304-A IPC - Charge sheet filed after 16 and half years - Order taking cognizance quashed...........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Charge sheet u/ss 304-A, 337, 338 filed after delay of almost sixteen and half years - Even charge sheet itself prepared after five and half years - Held, charge sheet was prepared after expiry of limitation period and cognizance taken after delay of 16 years is bad in law and liable to be quashed...........
Criminal Procedure Code, 1973, Section 468 -- Period of limitation - Computation of - Held, for the purpose of computing period of limitation, relevant date is the date of filing complaint/date of institution of prosecution and not the date on which Magistrate takes cognizance...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 201 -- Dishonour of cheque - Jurisdiction - Return of complaint - S.201 Cr.P.C. can be applied immediately on receipt of complaint, if Magistrate is not competent to take cognizance of the offence...........
