under Section 156(3)
of the Code is untenable. He further pointed out that the
essential ingredients for an offence under Sections 405 ... that for proceedings under Section
156(3) of the Code, the complaint must disclose relevant
material ingredients of Sections 405 , 406 , 420 read with
Section
sections 2 Hindu Marriage
Act, 1955 section 27 Hindu Succession Act Section 14 Indian
Penal Code, sections 405, 406 and 482.
Remedies open under ... custody, that would not par
prosecution under section 406 IPC or render the ingredients
of section 405 IPC nugatory or abortive. To say that because
under Sections 405 , 406 , 415 and 420 read with Section 34
of the Penal Code. It would thus be necessary to examine the ingredients ... those offences under the Penal Code.
13 Section 405 of the Penal Code reads thus:
“ Section 405 .- Criminal breach of trust.- Whoever, being
defined under Section 406 .
15. Section 405 IPC deals with criminal breach of trust. A careful
reading of the Section 405 IPC shows that ... Section 406 IPC prescribes punishment for criminal breach of
trust as defined in Section 405 IPC. For the offence punishable under
Section 406 IPC, prosecution
deal
with these sections of the IPC , we deem it imperative to examine
the ingredients of the aforesaid sections, and Section ... same section is not constituted. In the absence of factual
allegations which satisfy the ingredients of the offence under
Section 405
complaint under
Sections 405 and 406 of the 1860 Code and it has been held in
this judgment:-
“15. For Section 405 ... Section 405 IPC, an offence under the
same section is not constituted. In the absence of factual
allegations which satisfy the ingredients of the offence
against the appellants on criminal side, that the essential ingredient of
the offence under Section 405 IPC is not made out as the appellants were ... converted to their own use so as to satisfy the
ingredients of Section 405 IPC punishable under Section 406 IPC. Further
the agreement also
course of decisions that for the purpose of exercising its
power under Section 482 Cr.P.C. to quash a FIR or a
complaint ... case no offence is committed on the
allegation and the ingredients of Sections 405 and 406 , IPC
are not made out, the High Court would
time
of making initial promise being absent, no offence under Section 420 of the
Indian Penal Code can be said to have been made ... case no offence is committed on the allegation
and the ingredients of Section 405 and 406 , IPC
are not made out, the High Court would
criminal breach of trust under
Section 409 IPC. Section 405 defines `criminal breach
of trust'. The essential ingredients of Section 405
