GAUHATI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 468, 409, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2)-- Quashing of proceedings - Offence u/ss 468, 409, 471, 120-B IPC and Ss.13(1)(c)(d), 13(2) of P.C Act - Prima facie material available on record shows culpability of accused and many others in illegal appointment of elementary school teachers - Merely because accused was exonerated in departmental..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397(3)-- Dishonour of cheque - Second revision - Remedy u/s 482 Cr.P.C. after availing remedy of revision is available in rarest of rare case - Present not a case where Court is inclined to invoke its inherent power - Petition dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(d), 323, 452-- Quashing of order - Order summoning accused - Gang Rape - No material on record that accused committed rape upon prosecutrix - Except from bald assertions of prosecutrix that all accused raped her, there was nothing which could led the Courts to form a opinion that it is a fit case, for which..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Offence u/s 420 IPC - Dispute relating to receipt of cheque - Said dispute is of civil nature as necessary ingredients of S.415 IPC are not made out and no false representation was made - Proceedings quashed...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Extraordinary jurisdiction u/s 482 Cr.P.C. - Can be invoked where there is a case of misuse of process of law - Application of mind of Magistrate should be reflected from cognizance orders...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Motor Vehicles Act, 1988, Section 52, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Offence u/s 52 of Motor Vehicle Act - Specifications of vehicle involved in offence provided by its manufacturer not part of charge-sheet - Even, there is no material to show that provision of S.52(1) of MV Act is infringed - Particulars of vehicle mentioned in registration..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Maharashtra Police Act, 1951, Section 124, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Offence u/s 124 of 1951 Act - There is prima facie material on record to show that cash was found in vehicle which was in possession of applicants - Hence, filing of charge-sheet for offence u/s 124 of 1951 Act cannot be quashed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482-- Will - Issue about forgery and fraud regarding Will decided on merits by civil Court - FIR on same allegations that Will was forged and fabricated - Cannot be allowed - FIR quashed...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 409, 418, 423, 425, 120B, Criminal Procedure Code, 1973, Section 482-- Quashing of Criminal Complaint - Complainant company in its wisdom had withdrawn complaint against tow persons who were officer of Kotak Bank from common complaint made against four persons - Court, do not find any reason as to why remaining two persons who are officer of Travancore Bank are being..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 354, 506-- Compromise - Quashing of FIR - Offence u/ss 376, 354, 506 IPC - Prosecutrix stated that she has given consent for quashing charge-sheet as now she is married and she does not want to disclose said fact to her husband - Said ground is no ground to quash proceedings for such serious offence -..........