Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 120B -- Quashing of FIR - Cruelty and criminal Conspiracy - Investigation was carried out and two of the petitioner were found innocent - Police collected the evidence and filed the chargesheet - Held, When police has presented Challan U/s 173 Cr.P.C and trial court has also framed..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 329, 420, 120B, 34 -- Quashing of FIR - Petitioner is being proceeded against for offence of forging and fabricating an injury on person of complainant in order to initiate a case under S.307 against other party - Prosecution relied on medico legal report of hospital which only indicates two..........
Indian Penal Code, 1860, Section 408, 409, 420 -- Criminal Breach of trust by clerk - Cheating - Proof - Allegations against accused who is lower division clerk that he received money from consumer for electricity bill but not credited amount - Incharge of electricity department was very clear that at relevant time petitioner was deputed to act as Cashier and to receive..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 304A -- Death in accident - Direction sought to hand over the investigation to CBI - From the gist of investigation and by filing affidavits by senior officers of police, it cannot be said that police is not investigating the case properly or conniving with culprits - Two suspicious persons..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Fraud - Dishonour of cheque - Proof - Allegations mainly constituting the offence that cheque was signed by P2 who stood guarantor for P1 and cheque was from account of P1 - No Cogent evidence to show that cheque was issued by P2 - No expert has been examined to prove the signatures -..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Fraud - Dishonour of cheque - Proof - Agreement of guarantee shows that signatures of P1 and P2 looks to be obtained on blank papers and after these documents have been got typed - Signatures do not look to be appended after scribing of documents - Petitioner liable to be acquitted...........
Specific Relief Act, 1963, Section 37, 38 -- Indian Evidence Act, 1872, S. 134 - Permanent Injunction - Number of witness - Respondents has examined only one witness to prove the possession over land - Held, No particular number of witnesses are required to proof a particular fact, only the evidence has to be weighed and no, counted - Grant of permanent Injunction, proper...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Regular bail - At the time of medical examination and during course of autopsy not even a single injury was detected on deceased - From the evidence of eye witness and investigating agency it is evident that petitioners had not caused death of deceased - Only Bail application of the..........
Indian Penal Code, 1860, Section 406, 498A, 506 -- Cruelty in connection with dowry demand and misappropriation of dowry articles - Proof - Maternal Uncle in no way can be held as beneficiary of demand of dowry as he was not residing in matrimonial home of parties - As per compromise deed it has been proved that husband and wife have taken away all articles from..........
Indian Penal Code, 1860, Section 182 -- Accused summoned in the complaint case - On same facts Calendra u/s 182 Cr.P.C. issued - Held, proceedings of Calendra are not legally maintainable when on the same facts Court has summoned accused and is seized of the matter...........
