Criminal Procedure Code, 1973
Section 162—Statements to police not to be signed—Applicability of Section 180 of IPC—No statement made by a person to a police officer in the course of any investigation under Chapter XII of the CrPC, which is reduced to writing, is required to be signed by the person making the statement—Provisions of Section 180 of IPC gets attracted only if a statement is refused to be signed which a public servant is legally competent to require the person making the statement to sign.
[Para 22]
Indian Penal Code, 1860
Section 180—Applicability of section—In terms of Section 162 of CrPC, no statement made by a person to a police officer in the course of any investigation under Chapter XII of the CrPC, which is reduced to writing, is required to be signed by the person making the statement—Provisions of Section 180 of IPC gets attracted only if a statement is refused to be signed which a public servant is legally competent to require the person making the statement to sign.
[Para 22]
Sections 406, 420, 506 & 120B—Criminal breach of trust, cheating, criminal intimidation and criminal conspiracy—Quashing of proceedings declined by High Court—Appeal—FIR stems from allegations levelled by second respondent of she being allured by principal accused (who happens to be sister of petitioner) to part with rupees forty five lakhs in all (paid partly in cash and partly by RTGS) for the purpose of establishment of a pharma company which would be engaged in the manufacture of Ayurvedic medicines—Allegations of cheating and of fraud practiced on her have been levelled by second respondent against principal accused, her husband and various other co-accused—It is not one of those rare cases where uncontroverted allegations appearing from materials on record notwithstanding, it can successfully be contended that even no prima facie opinion can be formed pointing to commission of any offence by petitioner—Conspiracy to commit an offence is by itself distinct from offence to do which the conspiracy is entered into and that such an offence, if actually committed, would be the subject-matter of a separate charge—Allegations that petitioner was found counting the cash received by principal accused from second respondent in the presence of a listed witness and that she conspired with her sister, the principal accused, to cheat and defraud the second respondent—Involvement of petitioner, howsoever limited, cannot be ruled out at this stage—Trial ought to be permitted to proceed and she obliged to stand trial—Impugned judgment of and order of High Court dismissing the petition under Section 482 of CrPC warrants no interference—Appeal dismissed. [Criminal Procedure Code, 1973, Section 482]
[Paras 18 & 19]