criminal
proceeding under Sections 420 , 467 , 468 and 469 of the Indian Penal Code
is the question involved herein.
It arises in the following factual ... having regard to
the provisions contained in Section 463 of the Indian Penal Code, an offence
for commission of forgery must be held to have
Indian Penal Code is essential is in question in this appeal,
which arises from a judgment and order dated 06.05.2002 passed by the
High Court ... both
under the 1988 Act as also various offences under the Indian Penal Code , the
State could not have cancelled the same
Sections 409, 420 and 468 read
with Section 34 of the Indian Penal Code.
3. First and second respondent approached the High Court ... offences under the Penal Code.
It cannot be overlooked that there is a basic
difference between the offences under the Penal
Code and acts
sought to be amended for
adding Section 420 of the Indian Penal Code in the complaint petition.
The said application was allowed by an order ... regard to commission of an offence under Section 420 of Indian
Penal Code, the Trial Court was justified in issuing the process
in respect
ingredients for the offences under Section 406 , 420 , 460 of
the Indian Penal Code but also the background facts leaving to the dispute
between ... purpose of constitution of an offence under Section 420 of the Indian
Penal Code, subsequent conduct for the purpose of ascertaining intention of
the accused
thereby committed an offence punishable under Section
120B / 302 of the Indian Penal Code, and within the
cognizance of this Court of Sessions.
Secondly That ... thereby committed an offence
punishable under Section 302 / 34 of the Indian Penal
Code, and within the cognizance of this Court of
Sessions.
Thirdly That
definition of
these words under Sections 107 and 108 of the Indian Penal Code. The
inclusive definition although expansive in nature, "communication ... been used only in Section 146 and 153A of the Indian Penal
Code. The word 'intimidation' alone has not been used therein
section (2) of Section 167 of the Code of
Criminal Procedure, 1973 (for short "the Code") vis-`-vis Sub-section (2) of
Section ... commission of offences under
Sections 409 , 420 and 120B of the Indian Penal Code.
4. The Central Bureau of Investigation (CBI) lodged a first information
probate proceeding vis-`-vis a criminal case
involving allegations of forgery of a Will is the question involved in this
appeal. It arises ... basis thereof, the appellants filed an application
under Section 309 of the Code of Criminal Procedure, 1973 before the
learned Metropolitan Magistrate seeking stay
offences of criminal breach of trust and/or of cheating and forgery, on the
premise that he had made sale of about Rs.9 crores ... constitute offences punishable
under Sections 420 , 467 and 468 of the Indian Penal Code.
ii) The observations made in the charge-sheet against the
appellant
