Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Unlawful contract between parties where money was being paid for securing job in government or private sector - Object of dispute manifestly rife with mala fide intentions of only recovering tainted money by coercion and threat of criminal proceedings - Such criminal prosecution should not be allowed..........
Recovery of money -- Police does not have power and authority to recover money or act as a civil Court for recovery of money...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Details and particulars not given as to when and on which date and place the threats were given - Without said details and particulars, allegations of threats etc. have been made only with an intent to activate police machinery for recovery of money - FIR quashed...........
Criminal Procedure Code, 1973, Section 482 -- Court should not bring investigation to halt by restraining police from collecting evidence...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - When defendant committed breach of temporary injunction order, plaintiff is entitled to seek police protection invoking the provisions of S.151 CPC...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Defendants inspite of service of notice, have not chosen to file counter and they were proceeded ex parte - They have not even chosen to file any application before Court below for seeking to set aside order granting police aid to plaintiffs or requested Court below to give..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 506 -- Anticipatory bail - Abetment of suicide - Earlier protection from arrest was granted till submission of police report - Now charge sheet has been filed - Nothing to suggest that accused has not cooperated in the investigation - Anticipatory bail application allowed...........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Cognizable offence - Police may investigate a cognizable offence u/s 156(1) Cr.P.C after registration of an FIR u/s 154 Cr.P.C but without registration of an FIR, police cannot initiate any investigation...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Granted by holding that application for extension is filed without any valid basis - However reasons given u/s 43D(2)(b) of Unlawful Activities (Prevention) Act, 1967, were clearly made out and explained in the extension letter - Police report u/s 173(2) Cr.P.C had already been submitted prior to last date of..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 39, Rule 2A -- Police protection - Violation of order of temporary injunction or decree of permanent injunction - A party may file an application U.O.39.R.2-A CPC or file an execution petition U.O.21.R.32 CPC and can also file an application seeking police protection - Any person claiming..........
