Prevention of Corruption Act, 1988, Section 19, 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 409, 471 -- Sanction for prosecution - Cheating - Misappropriation of funds - Although investigation was conducted by CBI under the orders of High Court and charge sheet was also submitted, but competent authority did not grant..........
Criminal Procedure Code, 1973, Section 228, 26 -- Case committed by Magistrate to Sessions Court - Sessions Court finding that case do not disclose commission of any offence exclusively triable by him - Sessions Judge can try the case himself...........
Criminal Procedure Code, 1973, Section 154, 162 -- FIR - Plea that FIR is not the first information - At 2.00 am. three persons came on motorcycle to police station and while staying on motor cycle informed police that some miscreants have opened fire in the village and went away to take care of the injured - Information recorded in Roznamcha - FIR lodged at 5.35 a.m. -..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Need not contain exhaustive account of the incident - FIR is not an encyclopaedia of the case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Cruelty - Dowry demand - Petitioner returned 22 dowry articles - Grandfather and sister of petitioner discharged by Trial Court and mother of petitioner also acquitted after trial - Without commenting on merits of case and keeping..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(l), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Pre arrest bail - Offence u/ss 363, 376 IPC, Protection of Children from Sexual Offences Act, 2012, Ss.5(l), 6, Juvenile Justice (Care and..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Once charge is framed, there cannot be any question of discharge...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Charge already framed and explained to accused - 125 PWs are already examined by prosecution and they are cross-examined by accused - There is no question of discharge of accused - Application for discharge rightly dismissed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted - Bail bond not accepted as caste of accused was wrongly mentioned in the order - An individual is not to be identified by his caste but by his parentage - In future in the bail applications caste of accused shall not be mentioned - Police also shall not mention caste of an individual in the arrest memo as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.8 lakhs by Appellate Court while suspending sentence of accused is not unreasonable, as total fine of Rs.39,50,000 is imposed on accused by trial Court...........
