Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Assets disproportionate to known sources of income - Quashing of FIR - Documents which have been relied upon by accused cannot from basis of quashing FIR - Value and weight to be ascribed to documents is a matter of trial - At the stage of quashing FIR Court only has..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of FIR - Court cannot conduct a mini-trial at the stage of considering petition for quashing FIR u/s 482 Cr.P.C or Art.226 of Constitution...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Assets disproportionate to known sources of income - Quashing of FIR - Documents which have been relied upon by accused cannot from basis of quashing FIR - Value and weight to be ascribed to documents is a matter of trial - At the stage of quashing FIR Court only has..........
Indian Penal Code, 1860, Section 306, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - Deceased was in love with accused - There is no other material to show that accused was maintaining any relation with deceased - Merely because..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Civil transactions may have a criminal texture - However, when civil dispute is given colour of criminal offence then proceedings have to be quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Civil dispute - Only because a civil remedy is available may not be a ground to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Whether a complaint discloses criminal offence or not depends on nature of allegations and whether essential ingredients of a criminal offence are present or not has to be judged by High Court...........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - An order granting stay of arrest in a proceeding u/s 482 Cr.P.C. lies within the jurisdiction of High Court - However, grant of such relief must be after a judicious application of mind, which must emerge from the reasons which are recorded by the Judge...........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - In a proceeding u/s 482 Cr.P.C. - It lies within jurisdiction of High Court - Such relief must be after judicious application of mind which must reflect : (i) The nature and gravity of the allegations; (ii) The seriousness of the alleged offence(s); (iii) The position of the accused and the likelihood of their..........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - In a proceeding u/s 482 Cr.P.C. - Oral direction - Illegal - Issuing oral directions restraining arrest, does not form part of judicial record and must be eschewed...........
