Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Principles governing - Summarized...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 326, 232, 324, 427, 34, Arms Act, 1959, Section 25, 54, 59 -- Quashing of proceedings - Compromise - Offence u/ss 452, 326, 232, 324, 427, 34 IPC and Ss.25, 54, 59 of Arms Act - Dispute between parties amicably settled inter se - Compromise is genuine - FIR along with consequent proceedings..........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Contract of civil nature - If there is element of cheating and fraud it is always open for a party in a contract to prosecute the other side for the offences alleged - Order quashing complaint, set aside...........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Element of cheating and fraud - Mere filing of suit or complaint u/s 138 N.I. Act by itself not a ground to quash the proceedings - Order quashing complaint, set aside...........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Contract of civil nature - Novation of contract - Whether there is novation of contract or not and the effect of such entering into contract is a matter which is to be considered after trial but not at the stage of considering..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Summoning of additional accused - Sexual assault of 6 years old minor girl - Father of child filed an application to summon person who wears spectacles, as identified by victim - Allegation in first version are only..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Scope - Manner in which investigation is to be carried out must be decided by Investigating agency - It is for the investigating agency to investigate a crime in the manner which it feels is the best...........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Scope - It is for the Magistrate exercising power u/s 156 Cr.P.C. to see whether investigation is properly conducted or not - Investigating agency can approach the Magistrate for assistance or specific orders when there is something beyond the scope of investigating agency for which orders of the Magistrate are..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 419, 465, 467, 415, 417, 471, 477A, 470, 149 -- Bail - Offence u/ss 420, 406, 419, 465, 467, 415, 417, 471, 477-A, 470, 149 IPC - Allegation of financial irregularities against directors and officials of Co-operative society - However, general public or depositor or members of society..........
Criminal Procedure Code, 1973, Section 482, Foreign Contribution (Regulation) Act, 2010, Section 23, 4 -- Quashing of FIR - Offence u/ss 23, 4 of FCRA - High Court while allowing petition u/s 482 Cr.P.C recorded findings on several disputed facts - Defence of accused is to be tested after appreciating evidence during trial - Assessment made by High Court at the stage when..........
