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“The right of an Investigating Officer for further investigation in terms of Section 173(8) of the Criminal Procedure Code, 1973 (‘CrPC’) is not taken away only because the charge sheet is filed under Section 173(2) of the CrPC against the accused.”
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 420 of the Penal Code, 1960.
Supreme Court said that allowing the orders of disciplinary authority and the appellate authority to stand, will be unjust, unfair and oppressive, as the charges were not just similar, but identical and the evidence, witnesses and circumstances were all the same.
FIRs were registered on the complaints of homebuyers, who have alleged that Amrapali Leisure Valley Private Limited, Amrapali Dream Valley Private Limited, and their directors/officials, including the applicant have committed offences of cheating, fraud and criminal breach of trust in respect of various residential projects in Greater Noida, Uttar Pradesh.
The landlord concealed the fact that NDMC’s approval for dismantling work in the premise was not taken, leading to sealing of the premise, where Absolute Barbecque was about to run.
The Supreme Court reminded the High Courts and the Sessions Courts not to be unduly swayed by submissions advanced by counsel on behalf of the accused in the nature of undertakings to keep in deposit/repay any amount while seeking bail in Cheating cases.
The Court pointed out that merely because the petitioner provided monetary help to the woman, it cannot be said that they are married. Since the woman was already married, there is no case of breach of promise to marry either.
In the instant matter of forgery for the purpose of cheating, the Kerala High Court had earlier granted interim protection from arrest.
The accused was travelling from New York to India when his departure record for the year 2012 was found missing by the Immigration Department.
The Supreme Court’s decision shall not affect the pending proceedings before the High Court of Delhi against the order of the ECI as the Court did not express anything on the Constitution of the Shiromani Akali Dal
Allahabad High Court said that the convicts are not in a position to say that they were prejudiced in any manner by common FIR, one charge sheet and same charge for all three convicts and one trial.
The Manipur High Court rejected anticipatory bail to the elected Ward members of the Panchayat who were charged for fraudulently misappropriating huge Government money.
It is the case of the prosecution that the present applicant helped other Chinese nationals who were responsible for building the loan app and facilitating the opening of bank accounts of non-existent companies for the transfer of duped money.
In a case pertaining to Criminal breach of trust, cheating, forgery, and falsification of accounts, the Saket District Court acquits the accused, as the prosecution failed to establish the ingredients of the offences beyond reasonable doubt.
Supreme Court in a case pertaining to allegations of cheating and criminal breach of trust, held that the accused is entitled for anticipatory bail, and directed the Investigating Agency to follow the procedure prescribed under CrPC for investigation against the disabled person
In the present case there is no allegation that the Applicant has derived or obtained any property or proceeds of crime. Additionally, there is no allegation or evidence produced to suggest that the Applicant has concealed, possessed, used, projected or claimed any proceeds of crime as untainted property.
The Supreme Court observed that if allegations in the petition are vague and are not specific with respect to the alleged offences, it cannot lead to an order for registration of an FIR and investigation on the accusation of commission of the offences alleged.
There should be no scope for the declarant to escape on the technical grounds from responsibility attached to the statement made by him in the affidavit. Unless those compliances, referred to in paragraphs 5 and 8 of chapter VII of the Criminal Manual are complied with, it will be difficult to hold the person making a declaration on oath responsible for the statement made on an oath.