RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Powers u/s 482 are extraordinary in nature and should be used with caution and care - But basis of powers is that it should be used for advancement of justice and such powers could be used at any stage or intermediate stage of trial - Objection that charge sheet has been filed is..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Filing of charge sheet or even framing of charge is not a bar to exercise of power u/s 482 Cr.P.C...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B-- Cheating & criminal conspiracy - Quashing of FIR - FIR filed with ulterior motive to circumvent earlier litigation pending between parties - FIR quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Defence documents which are uncontroverted and public document can be looked into and material relied by the petitioner in support of his plea for quashing proceedings should be sound, reasonable and sufficient to reject factual assertion contained in the charges levelled against..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Holdings have been divided by mutual consent and co-sharers put in possession of specific shares - No wrongful loss has been caused to the complainant, as he has sold his share much prior to partition deed - Held, prosecution motivated by malice and complaint has been filed to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Recall of order quashing FIR - High court can recall the quashing order when accused abused the process of Court as inherent powers of Court can be invoked when special circumstances are made out...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Two FIR's of the same incident - Both FIR's contain same allegations as regards to forgery of same documents - Second FIR is abuse of process of Court and same quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 300, 482-- Third prosecution on same facts - It is an abuse of process of Court and liable to be quashed...........
GAUHATI HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Plantations Labour Act, 1951, Section 36, 18, 2(e), Plantation (Welfare Officers) Assam Rules, 1977, Rule 3(2)- - Quashing of proceedings - Petitioner/accused is one of the director of tea estate - Proceedings initiated against petitioner for not appointing second welfare officer as per S.18 despite the fact that garden had more than 1700 workmen - Petitioner not responsible for day to day administration of..........
GAUHATI HIGH COURT
Year of decision: 2013
Details
Wild Life (Protection) Act, 1972, Section 51, 51(1A), 57, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Illegal transportation of prohibited item - Investigation revealed that accused had actual knowledge about transportation of prohibited item as he came forward to collect said items - Co-accused being driver of vehicle and in view of legal presumption u/s 57 of Act also..........