Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR can be quashed even when charge sheet is filed, provided a satisfaction is reached, inter alia, that either FIR and charge-sheet read together, even when accepted as true and correct without rebuttal, does not disclose commission of any offence or that continuation of proceedings arising out of such an FIR..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations levelled in the FIR are mostly vague and general in nature - Complainant and accused severed their ties and they both settled in their respective lives abroad - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Courts while granting bail are required to consider relevant factors such as nature of accusation, role ascribed to accused concerned, possibilities/chances of tampering with the evidence and/or witnesses, antecedents, flight risk et al...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 120B -- Bail - Cheating - Financial irregularities committed by Society - Respondent was a close associate of Society with regular business - Investigation also indicates that out of the monies withdrawn from the Society's account by respondent investments were later made..........
Criminal Procedure Code, 1973, Section 41 -- Arrest - Reasons to believe - Arrest cannot be made merely because it is lawful to do so - (a) An arrest can be affected if there is a reasonable complaint, credible information or reasonable suspicion and police officer has reason to believe that such offence has been committed by accused person and arrest is necessary; (b)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29 -- Transportation of contraband - Consignment was booked by co-accused/A-1 - No allegation against accused of transporting contraband - Therefore, unless it is proved that accused had supplied the consignment to A-1 or was a part of a criminal conspiracy to commit an offence u/s 22(c) of the Act,..........
Criminal Procedure Code, 1973, Section 441 -- Surety bond - Petitioner involved in 13 cases in different States and he stands enlarged on bail in all the cases - However, inspite of obtaining bail in 13 cases, petitioner has not been able to furnish sureties - Petitioner will furnish his personal bond for Rs.50,000/- and furnish two sureties who shall execute bond for..........
Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - No evidence to indicate that appellant assaulted or used criminal force on the trap party in execution of their duties or for the purpose of preventing or deterring them in discharging their duties - Jostling and pushing by appellant with an attempt to wriggle out was not with any intention to assault or use..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 384, 389, 406, 120B, 34 -- Quashing of FIR - Cheating - Aspect about complicity of a person who was involved in the forgery is a disputed question of fact and the same will have to be addressed after a proper appreciation of evidence which can be done only during trial and not at such a..........
Special Leave petition -- Civil and criminal proceedings - Exemption from filing certified copy of judgment/order under challenge - Direction issued viz: (i) If any special leave petition, arising out of civil proceedings as well as criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment and/or order under challenge,..........
