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DELHI HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 447-- Criminal trespass - Order framing charge u/s 447 IPC - Quashing of order - Petitioner is allottee of shop in question and has a decree in his favour and against complainant restraining him from forcibly dispossessing petitioners from said premises - No documentary evidence to show any discussion..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, 239-- Quashing of proceedings - Proceedings quashed as certificate u/s 65-B(4) Evidence Act not produced when charge sheet was filed - Need for production of such a certificate would arise only when electronic record is sought to be produced in evidence at trial - Stage at which High Court sought to..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 406, 504, 506, Criminal Procedure Code, 1973, Section 482-- Quashing of charge sheet - Misappropriation of cash and gold jewellery - Charge levelled against applicant with regard to misappropriation of jewellery and gold has not been found substantiated - Even there is no proof of misappropriation of cash - Factum of litigation between parties regarding..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Notaries Public Act, 1952, Section 13-- Quashing of charge sheet - Merely because I.O was not competent to investigate the matter in view of S.13 of Notaries Act and to file charge sheet, even then, charge sheet cannot be quashed only on this ground...........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420, 423, 466, 467, 471, 120B-- Cheating - Quashing of charge sheet - Allegation against applicant that while he was working as a Notary had notarized the Will after death of testator - Will in question was notarized just one day after death of testator - Applicant had ample opportunities to compare the photograph with face of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 316-- Quashing of order - Addition of charge u/s 316 IPC - Victim was pregnant at the time of occurrence and she was given beating with leg blows in her stomach which ultimately resulted in miscarriage - Charge u/s 316 IPC rightly added - No interference warranted in it...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 498A, 406-- Cruelty - Quashing of order farming charge - Allegation against mother-in-law and jethani - On the basis of charge sheet and material filed along with charge sheet Magistrate framed charges against accused - At the stage of framing of charge, Court is concerned only with prima facie materials..........
GUJARAT HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406-- Quashing of proceedings - Criminal breach of trust - Contents of FIR does not establish offence of criminal breach of trust - Even, there is nothing in FIR which can satisfy definition of criminal breach of trust - Moreover, charge-sheet shows that no offence u/s 406 IPC was established against..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 498A, 420, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4-- Quashing of charge sheet - Offence u/ss 376, 498-A, 420, 323, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Single Judge dismissed application for quashing without appreciating even factual matrix of case - Single Judge ought to have first set out brief of facts of case with a view to understand..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of charge - Framing of charges being initial stages in trial process, Court therein cannot base decision of quashing charge on basis of quality or quantity of evidence rather enquiry must be limited to a prima facie examination...........

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