Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of witness for re-examination - Merely because in unguarded moment, witness spoke something in cross-examination which did not suit prosecution, Court should not have exercised its discretion to allow prosecution to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 148, 149, 323, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)X, 3(2), 4 -- Quashing of summoning order - Offence u/ss 147, 148, 149, 323 IPC, Ss.3(1)X, 3(2), 4 of SC/ST Act - Allegation that petitioners came on the spot and started firing and gave..........
Criminal Procedure Code, 1973, Section 178, 179, 184, Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Passport Act, 1967, Section 12 -- Territorial jurisdiction - Criminal conspiracy - Cheating and forgery - Some offences were committed in India and some outside India - Cause of actions thus,..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - S.18 of 1989 Act creates a bar in invoking S.438 Cr.P.C. - However, a duty is cast on Court to verify averments in FIR or in complaint to find out whether an offence under Act of 1989 Act prima facie made out against..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 341, 323, 294, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section (1)(x)(xi) -- Discharge u/s 354 IPC and S.3(1)(x)(xi) of 1989 Act - It is apparent from FIR that opposite party Nos.2 & 3 intentionally insulted and intimidated petitioner with intention to..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 143, 341, 323, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(x) of SC/ST Act and Ss.143, 341, 323 IPC - Quashing of FIR - Incident took place in the night at riverbed - Complainant himself stated that no other person witnessed the..........
Criminal Procedure Code, 1973, Section 438, 437, Prevention of Money Laundering Act, 2002, Section 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 PML Act - Evidence on record shows that accused and his wife acquired huge movable and immovable properties - Even, prosecution prima facie successful in proving : (i) predicate crime; (ii) tainted property; and the property..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Charge of obtaining land by public servant - No material document produced to demonstrate ownership and title of complainant to land in question - Even, complainant did not choose to establish her title to land in appropriate proceedings -..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3, 4, 45(1) -- Bail - Proceeds of crime - Accused is not rustic or illiterate lady as she has been working as Visa Officer in Greek Embassy - Crores of rupees spent by her in purchasing immovable assets and also having credit entries of Rs.2 crore in bank - She has never filed her..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 468 -- Order taking cognizance - Bar of limitation - Order specifically mentioned that delay in lodging FIR has been explained - Moreover, offence u/s 3(1)(x) of SC/ST Act, punishable with..........
