Maninder Sharma Vs. State Tax Officer, State, Mobile Wing, Jalandhar, Punjab, CRM-M-24033-2021(O&M) Decided on 31.08.2022
Representing Advocates:
Mr. R.S. Rai, Sr. Advocate, with Ms. Eknoor Kaur Sara, Advocate, and Mr. Nimish Chib, Advocate, for the petitioner.
Ms. Ramta K Chaudhary, DAG, Punjab.
Mr. A.P.S. Deol, Sr. Advocate, with Mr. S.S. Deol, Advocate, for the complainant.
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Conspiracy and Forgery in Revival of Defunct Societies – Allegations against petitioners for fraudulent revival of Arvind Cooperative Group Housing Society, forgery of documents, and cheating Government of NCT Delhi and DDA for land allotment – Petitioners allegedly involved in conspiracy with government officials and other co-accused. [Paras 2.1-2.12]
Role of Petitioners and Bank T...
FIR Registration – Denial of FIR registration and protection – Petitioner’s application for FIR registration and protection denied by the High Court – Application made under Article 226 of the Constitution of India and Section 482 Cr.P.C. [Para 1]
Application of Section 156(3) Cr.P.C. – Magistrate’s discretion in directing police investigation &ndas...
Petition under Section 482 CrPC – Seeking action based on representation dated 10.03.2022 (Annexure P3) and enquiry report dated 12.08.2022 (Annexure P4) against the accused for posting vulgar and threatening comments on petitioner's family photographs on Facebook – Allegation of police inaction due to political influence. [Para 1]
FIR No. 154 of 2021 – Backgroun...
Bail Petitions in FIR No.437 – Assault and Robbery – Petitions filed under Section 439 Cr.P.C. for grant of regular bail in FIR No.437 registered under Sections 147, 149, 323, 307, 365, 379-B, 427, 506, 120-B IPC, and Section 25 of Arms Act. [Para 1]
FIR Details – Assault and Snatching Incident – FIR based on a complaint by Sohail, alleging assault by 20-30 per...
Revision Against Deposit Order – Petitioner, convicted under Section 138 of the NI Act and directed to pay compensation, challenges the appellate court’s order requiring deposit of 20% of compensation. Raises the issue of financial hardship due to losses during the Covid period. [Para 1, 4]
Appellate Court’s Order – Appellate court suspended the sentence under ...
Prolonged Incarceration without Trial Progress – Appellant in custody since 9th April 2021, with minimal trial progress despite High Court's order for completion within six months – Only 5 out of 25 witnesses examined – Issue of prolonged incarceration without trial conclusion highlighted.
High Court's Inconsistent Bail Grant – High Court's recognition of th...
Criminal Appeal – Jurisdictional Competence for Trial – Discussion on appropriate judicial forum for trial of appellant charged under IPC and other acts – Concerns over trial by Court of Chief Judicial Magistrate with limited sentencing power for offences punishable with life imprisonment or 10 years imprisonment under Section 409 IPC – Analysis of jurisdiction under Cr.PC ...
Appellant's Involvement in Money Laundering – Alleged acquisition of tainted properties using proceeds of crime – Question of whether the appellant, not an accused in the predicate offence, can be implicated under PMLA. [Paras 6, 16-17]
Criminal Conspiracy and Predicate Offence – Interpretation of Section 120-B of IPC in the context of PMLA – Held that Section 120-B ...
Criminal Application – Compounding of Offence under Section 138 of the Negotiable Instruments Act – Application for compounding rejected by Magistrate – Application made by accused directors of a company for dishonour of a cheque amounting to Rs. 15 lakhs – Appeal against the non-compounding of the offence. [Para 2, 3, 4, 6]
Insolvency Proceedings – Impact on Crimi...