Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Wrong entries in the mutation record - Mutation entries are fiscal entries and do not create any right in the property - Criminal prosecution for the same amounts to abuse of process of law - FIR quashed - Petition allowed...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of injunction order - Plaintiff has to establish beyond any shadow of doubt that defendants had committed disobedience or breach of order of injunction, as in such proceedings principles of criminal law as to appreciation of evidence apply...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Trial Court recalling witnesses on the ground that no specific question put to witnesses to personally identify each and every accused in dock - However, all accused person were present before Court at the time of examination of witnesses - Moreover, after more than one year of recording of evidence,..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Criminal Procedure Code, 1973, Section 227 -- Assets disproportionate to known sources of income - Discharge - Accused while serving as Minister of State acquired assets in his name and his wife and son far beyond their known source of income - Explanation offered by accused that he received the amount from his..........
Prevention of Money Laundering Act, 2002, Section 45, Criminal Procedure Code, 1973, Section 439(2) -- Bail - Grant of bail without compliance of requirements of S.45 of the Act of 2002 - Accused not only involved in the PMLA case but also in NDPS Act - Bail should not be granted to accused without complying with the requirements of S.45 of the PMLA - Impugned order of..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Power of Magistrate - When Magistrate comes to conclusion that on facts no cognizable offence is made out, he can opt not to send complaint to police authorities for registration of case...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 420, 406, 417, 465, 467, 468, 471, 120B -- Direction for registration of FIR - FIR u/ss 379, 420, 406, 417, 465, 467, 468, 471, 120-B IPC - DDR for loss of document including signed cheques were registered in 2007 by husband of complainant - Whereas cheque in question was issued in 2009,..........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Leave to appeal - Can be granted where it is shown that conclusions arrived at by trial Court are perverse or there is misapplication of law or any legal principle - High Court cannot entertain petition merely because another view is possible or that another view is more plausible...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 423, 464, 471, 447, 427, 120B -- Quashing of FIR - Agreement to sell - Not honoured - FIR used only as a mode to execute the agreement in question - On the face of it, FIR does not constitute the offence u/ss 120-B, 418, 420, 423, 464, 471, 447 & 427 IPC - FIR with all consequential..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 367 -- Cognizance of offence - As per FIR and statement of complainant, grievous hurt was caused at the time of kidnapping - Moreover, once prosecution has accepted that accused has committed offence of causing grievous hurt and kidnapping than ingredients of S.367 IPC are fulfilled - Order of..........
