Subject :Code of Criminal Procedure, 1973:
s. 482 and 197 - Complaint against public servant - Criminal proceedings u/ss 465, 466, 469 and 471 IPC - Petition for quashing of the proceedings - Dismissed by High Court - On appeal, held: Proceedings liable to
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Head Notes :Allowing the appeal, the Court
HELD: 1.1 The protection given under Section 197 Cr.P.C. is to protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by the
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Citation :2008 AIR 1992, 2008(6 )SCR912 , 2008(5 )SCC248 , 2008(6 )SCALE185 , 2008(6 )JT212
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Category:
Criminal Law
| on 24 April 2008 |
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Subject :Penal Code, 1860 :
Ss.405, 409-Postmaster was handed over an amount for purchase of NSCs-He deposited such amount in post office only on initiation of enquiry-Conviction u/s.409-Correctness of-Held: Correct as the amount entrusted to the postmast
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Head Notes :Allowing the appeal, the Court
HELD: 1.1. The respondent was a Post Master. He was holding an office of public trust. The complainant entrusted the amount to the respondent for the purpose of purchasing National Savings Certificates. The amount w
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Citation :2006 AIR 2211, 2006(2 )Suppl.SCR666 , 2006(5 )SCC381 , 2006(5 )SCALE654 , 2006(5 )JT479
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Category:
Criminal Law
| on 05 December 2006 |
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Subject :Evidence Act, 1872 :
Section 35-Entry in public record-Relevancy of-Age of accused-School leaving certificate-Admissibility of-Accused said to have been born on 01-06-1963 was involved in a murder case which took place on 15.05.1979-Trial court co
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Head Notes :Dismissing the appeal, the Court
HELD : 1. There cannot be any doubt whatsoever that the certificate was issued for the purpose of the case. The father of the appellant was also an accused. He was described as `Surender Pal Singh'. The appellant h
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Citation :2006 AIR 2157, 2006(2 )Suppl.SCR615 , 2006(5 )SCC584 , 2006(5 )SCALE682 , 2006(5 )JT468
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Category:
Criminal Law
| on 05 December 2006 |
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Subject :Code of Criminal Procedure, 1973-Sections 439 and 438(2)-Organised crime of printing and supplying fake stamps on large scale-Allegation that Appellant, the Deputy Superintendent of Stamps, rendered help and support in commission of the crime and als
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Head Notes :Allowing the appeal, the Court
HELD: 1. It is not for this Court at this stage to go into a detailed discussion of the scope of MCOCA or discuss in detail the materials against the appellant and the arguments for and against on merits. But this Co
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Citation :2006 AIR 3604, 2006(2 )Suppl.SCR631 , 2006(9 )SCC422 , 2006(5 )SCALE625 ,
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Category:
Criminal Law
| on 05 December 2006 |
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Subject :Code of Criminal Procedure, 1973-Sections 173(2), 190(1)(b), 362 and 482-Cognizance of offence-Summons issued by Magistrate to persons named in FIR against whom police finding no involvement in crime, did not submit charge sheet-On an application of
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Head Notes :Allowing the appeal, the Court
HELD: 1. When a report forwarded by the police to the Magistrate under Section 169 Cr.P.C. states that no offence has been committed and is placed before the Magistrate, he has option of adopting one of the three cou
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Citation :2006 AIR 1937, 2006(3 )SCR1086, 2006(4 )SCC359 , 2006(4 )SCALE329 , 2006(4 )JT569
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Category:
Criminal Law
| on 04 December 2006 |
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Subject :Code of Criminal Procedure, 1973-Section 482-Quashing of Complaint/FIR-Dispute in respect of sale and purchase of land-Complaint under sections 406, 419, 420 and 120-B IPC alleging that the seller after accepting the consideration amount refused to t
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Head Notes :Braj Kishore Mishra for Ms. Aparna Jha for the Appellants.
Tarkeshwar Nath, P.K.Mishra, K.K. Rai, Ranjan, K. Pandey and Gopal Singh for the Respondents.
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Citation :2006 AIR 2035, 2006(2 )Suppl.SCR329 , 2006(6 )SCC669 , 2006(5 )SCALE638 , 2006(11 )JT133
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Category:
Criminal Law
| on 05 November 2006 |
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Subject :Delhi Special Police Establishment Act, 1946-Section 5-Consent of State for operation of Act-Held-Letter of Special Officer (Home), Secretary, Department is not sufficient to establish withdrawal of consent given by State through of notification-It w
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Head Notes :Allowing the appeal, the Court
HELD 1. The High Court was not justified in quashing the proceedings instituted on the basis of the FIR lodged. [461-c]
2. There is no notification revoking the earlier notification. The authority to write the let
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Citation :2006 AIR 2872, 2006(4 )Suppl.SCR450 , 2006(7 )SCC188 , 2006(7 )SCALE618 , 2006(7 )JT313
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Category:
Criminal Law
| on 08 October 2006 |
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Subject :Code of Criminal Procedure, 1973-Section 319-Power to summon person as accused, against whom action had not been taken earlier-Scope of-Held: Power to summon such person is an extra-ordinary power-It is to be used very sparingly only if compelling re
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Head Notes :Dismissing the appeal, the Court
HELD: 1.1. The power under section 319 of Code of Criminal Procedure, 1973 can be exercised by the Court suo motu or on an application by someone including accused already before it. The power is discretionary and
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Citation :2006 AIR 1892, 2006(3 )SCR1018, 2006(10 )SCC192 , 2006(4 )SCALE240 , 2006(4 )JT464
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Category:
Criminal Law
| on 04 October 2006 |
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Subject :Code of Criminal Procedure, 1973/Probation of Offenders Act, 1958:
ss. 360 and 361/s.4-Applicability of-Held, Legislature in its wisdom has obliged the Court u/s 361 of the Code to apply one of the two beneficial provisions i.e. s.360 of the Code
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Head Notes :Allowing the appeal and remitting the matter to the High Court, the Court
HELD: 1. The legislature in its wisdom has obliged the Court under Section 361 of the Code of Criminal Procedure, 1973 to apply one of the two beneficial provisions; be it S
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Citation :, 2006(4 )Suppl.SCR115 , 2006(6 )SCC159 , 2006(7 )SCALE421 , 2006(7 )JT98
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Category:
Criminal Law
| on 27 July 2006 |
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Subject :Code of Criminal Procedure, 1973:
Sections 482 and 200-Disputes arising from breach of contract-Existence or availment of civil remedy-Permissibility of simultaneous or subsequent-recourse to remedies under criminal law-Permissibility of-Held: Whe
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Head Notes :Partly allowing the appeals, the Court
HELD: The allegations in the complaint are sufficient to constitute offences under sections 415 and 425 of IPC. High Court was not justified in quashing the complaints/criminal proceedings in entirety. Thus,
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Citation :2006 AIR 2780, 2006(3 )Suppl.SCR704 , 2006(6 )SCC736 , 2006(7 )SCALE286 , 2006(6 )JT474
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Category:
Criminal Law
| on 20 July 2006 |
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