Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 468, 120B -- Quashing of proceedings - Offence u/ss 406, 468, 120-B IPC - Parties settled the dispute amicably - Dispute is of civil in nature - Accused paid the amount of Rs.10 lakhs as agreed between parties - Complainant had no objection if offences are compounded - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 319, 70 -- Summoning of additional accused - Issuance of arrest warrant - Prosecutrix in her statement u/ss 161, 164 Cr.P.C as well as in Court statement named accused and active role assigned to him - Order taking cognizance on application u/s 319 Cr.P.C is perfectly justified - However, arrest warrant issued against accused is..........
Indian Penal Code, 1860, Section 405, 406, 415, 420, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust and cheating - Quashing of proceedings - An attempt has been made to cloak a civil dispute with a criminal nature despite the absence of ingredients necessary to constitute a criminal offence - Complaint amounts to abuse of process of Court -..........
Criminal Procedure Code, 1973, Section 31 -- Conviction u/ss 279 & 304-A IPC - Not mentioned in order as to whether sentences will run concurrently or consecutively - In was necessary for Magistrate to specify in the order by taking recourse to S.31 of the Code - Having regard to the facts and circumstances of the case and keeping in view the nature of controversy, both..........
Criminal Procedure Code, 1973, Section 31 -- Conviction u/ss 279 & 304-A IPC - Not mentioned in order as to whether sentences will run concurrently or consecutively - It is necessary for Magistrate to specify in the order by taking recourse to S.31 Cr.P.C. as to whether punishment of sentence of imprisonment so awarded for each offence will run concurrently or..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - For framing a charge not only suspicion but grave suspicion is required...........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Non-payment of entire invoice amount by accused/company as agreed between parties - Petitioner contended that he ceased to be Director of company on the relevant time thus, no liability arose when he was a Director of Company - Contention..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Enhancement of - Income of husband increased - Exact salary of husband is not given by him - Evidence of PW2 that income of husband increased to 67,000 not denied by husband - Maintenance u/s 125 Cr.P.C is awarded to wife commensurate with life she would have enjoyed if she had lived in husband's household..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 24 intoxicating injections and 8.70 gms heroin - Quantity of heroin recovered from petitioner is small - 12 injections of pheniramine Maleate do not fall within ambit of NDPS Act - Considering custodial period of petitioner, status of case,..........
Indian Penal Code, 1860, Section 201, 366A, 376, 302, Criminal Procedure Code, 1973, Section 235 -- Offence u/ss 201, 366A, 376, 302 IPC - Conviction - Imposition of death sentence - As per S.235 Cr.P.C. opportunity must be given to accused against death penalty - Before imposing extreme penalty of death sentence, Court would have to satisfy itself that convict would be a..........
