Indian Penal Code, 1860, Section 307, 323, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Hurt - Quashing of charge-sheet - No reason why victim would not name applicants in FIR regarding incident of attempt to murder her if they were present at that time - Subsequent statements of opposite party No.2 and other witnesses given to second investigating..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Quashing of charge-sheet - It is not the case that jewellery or cash was ever entrusted to applicants - Held, entrustment of property is an essential ingredient of offence of criminal breach of trust - In absence of any entrustment, applicants cannot be said..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of charge-sheet - Applicants not relatives of husband of complainant - In FIR, no allegation of harassment was levelled against applicants - Held, submission of charge-sheet against applicants in respect of offence u/s.498-A IPC was misconceived and was a deliberate..........
Indian Penal Code, 1860, Section 504, 506, Criminal Procedure Code, 1973, Section 482 -- Criminal intimidation - Quashing of charge-sheet - Allegation that accused persons including appellants abused informant and threatened her with death - No specific abuse or threat mentioned in FIR or in statement of witnesses u/s.161 Cr.P.C. - Held, in absence of exact words uttered..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 336, 120B -- Cheating and criminal breach of trust - Quashing of proceeding - Gist of case made out in civil suit is wholly inconsistent with allegation that defective materials not at all replaced by petitioners as alleged in impugned criminal proceeding - Allegation of no, replacement..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cheating and criminal conspiracy - Held, FIR cannot be quashed - Investigating Officer directed to consider all documents available with accused persons to decide whether ingredients of alleged offences exist or not and to determine whether charge-sheet or negative FIR should be filed by him or not - Order..........
Constitution of India, 1950, Article 226, Indian Penal Code, 1860, Section 498A -- Cruelty - Quashing of proceedings - Specific allegations leveled against accused in complaint - Allegations that husband was demanding Rs.2 lakhs from her - There is sufficient material to make out prima facie case for offences for which charge sheet has been filed - Criminal proceedings..........
Criminal Procedure Code, 1973, Section 482 -- Joint charge - Quashing - All different groups of accused are alleged to have committed offences at different points of time arising out of different transactions - No application as contemplated under proviso to S.233 was filed - None of conditions contemplated in clauses (a) to (g) of S.223 were attracted - Held, trial Court..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 324, 325, 447, 148, 149, 307 -- Quashing of FIR and order taking cognizance - (i) Series of litigation does not ipso facto make the FIR lodged with certain ulterior motive; (ii) Once there is formation of an unlawful assembly, once there is an assault, once there are injuries sustained,..........
Criminal Procedure Code, 1973, Section 482, 173, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3 - - Quashing of charge-sheet - Accused alleged to be involved in number of anti-social activities - Delay in filing charge-sheet in respect of many FIR's not fatal as no time frame for charge-sheet had been provided - Accused failed to..........
