Indian Penal Code, 1860, Section 354, 509, Criminal Procedure Code, 1973, Section 482 -- Sexual harassment at work place - While quashing FIR concerned department was impressed upon to close the departmental proceedings - Petitioner suppressed the material facts from Court - Order recalled - Concerned department, held, at liberty to proceed in accordance with law...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court is not required to rewrite judgment or to give fresh reasonings, when reasons assigned by Court below are found to be just and proper...........
Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Acceptance of tender of pardon u/s 306 Cr.P.C. by petitioner - Application for bail cannot be entertained u/s 439 Cr.P.C., as by acceptance of tender of pardon, petitioner legally and practically ceased to be an accused temporarily and gained the status of witness, subject of course to legally authorized detention..........
Criminal Procedure Code, 1973, Section 306, 439, 482 -- Bail - Remand prisoner, who has accepted tender of pardon - Can be released on bail by High Court in exercise of powers u/s 482 Cr.P.C., if not u/s 439 Cr.P.C. in appropriate and justifiable circumstances...........
Criminal Procedure Code, 1973, Section 306, 439, 482 -- Bail - Acceptance of tender of pardon by accused - Factors to be consider by High Court while exercising discretion in favour of approver u/s 482 Cr.P.C: (i) possible suspicion regarding reliability of approver due to his antecedents; (ii) possibility of approver being influenced or won over by defence; (iii) possible..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 462 -- Dishonour of cheque - Jurisdiction - Lack of - Finding or sentence passed by a Court of competent jurisdiction cannot be set aside merely on the ground of irregularity if no prejudice is caused to the accused - Plea of lack of jurisdiction neither raised at the trial nor any..........
Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Revision against - Dismissal - Second judicial review by High Court in exercise of inherent powers - Revisional Court did not commit any illegally or irregularity in exercise of its jurisdiction - Impugned order is just order which has not resulted in miscarriage of justice - Petition dismissed...........
Indian Penal Code, 1860, Section 468, 471, Criminal Procedure Code, 1973, Section 311A -- Forged signatures - Misappropriation of loan amounts - Specimen signatures - Occurrence was of the year 1983-1986 - Executive Magistrate before whom specimen signatures were given did not have the authority to enquire into or try the case, as S.311-A Cr.P.C. has been introduced by Act..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. cannot be taken into consideration, unless he is examined in Court as a witness and an opportunity to cross examine is given...........
Criminal Procedure Code, 1973, Section 173 -- Once - charge sheet/final report is accepted by Court below treating accused as `accused persons not sent up for trial' their continuance as accused persons in the case does not arise...........
