Indian Penal Code, 1860, Section 420 -- Cheating - Loan transaction - Mere inability of accused to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence - FIR quashed...........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 30, 24 -- Power to search and seize records - Offence u/s 23 of the Act - Condition precedent for the search of a clinic is that Appropriate Authority must have reason to believe that an offence under the Act has been or is being committed - In the instant case, there is no..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Alleged abusive words allegedly uttered inside the cabin and only complainant and accused were present there - Complainant has been facing disciplinary proceedings and for which enquiry officer was appointed - Prosecution case is found to be a retaliatory measure at the instance of complainant to avoid..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 27(a) -- Contraband - Accused allegedly consumed a narcotic drug and video graphed the said act - However, contraband allegedly consumed by accused was not recovered during the search - In the absence of any material to prove that what was consumed by accused, as shown in the videograph was a narcotic..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Allegation against relatives/friends - A-5, A-6 and A-7 witnessed the alleged bigamous marriage - However, they have no knowledge that A-1 was already married to complainant - In absence of such allegation, prosecution of said accused persons for the charge of having a common intention to commit offence u/s 494 IPC is..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Quashing of proceedings - Dispute purely civil in nature given colour of criminal prosecution alleging fraud and criminal breach of trust by misusing the tool of criminal law - Necessary ingredients of the offences punishable u/s 406 and 420 IPC not made out against accused appellants from the admitted allegations set..........
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..........
Criminal Procedure Code, 1973, Section 482, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3(1) -- Quashing of FIR - Offence u/s 3(1) of 1986 Act - Accused exonerated in the offences involving ant-social activities as defined u/s 2(b) of 1986 Act - For continuing the prosecution under 1986 Act, accused must be prosecuted for any one or..........
Drugs and Cosmetics Act, 1940, Section 18(c), 22(1)(cca), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 18(c), 22(1)(cca) of the Act - Father of accused was a registered Homeopathic Doctor on the date of inspection - Procurement of medicines and payment in 2011, 2012, 2013 cannot be said to be per se illegal - Merely because accused could have personally..........
Indian Penal Code, 1860, Section 384, 406 -- Offence u/s 384, 406 IPC - Quashing of proceedings - Basic ingredients of offence in question not proved against accused - No useful purpose is likely to be served by allowing criminal prosecution - Proceedings quashed...........
