Showing : 181-190 of 449 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Where the allegations in the first information report or the complaint taken at its face value and accepted in their entirety do not constitute the offence alleged, High Court would be justified in invoking its powers u/s 482 of the Code to quash the criminal proceedings...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Power of High Court to quash criminal proceedings - Private complaint u/s 379 IPC - Revision before Sessions Judge challenging order issuing process - Revision withdrawn - Petition in High Court for quashing the complaint and proceedings arising therefrom - High Court dismissed petition directing..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Complainant resiled before commencement of trial - High Court quashed FIR - Held, High Court was not justified in quashing the FIR - Ordinarily, the Court of Sessions is empowered to discharge an accused under Section 227 of CrPC even before initiating trial - The accused can..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of criminal proceedings - Power of court - While exercising power, the court has to act cautiously before proceeding to quash a prosecution in respect of an offence which hits and affects the society at large - However, where the matters are of civil nature i.e matrimonial, family..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Complainant resiled before commencement of trial - Allegation that police compelled the lodging of FIR - Held, FIR not to be quashed on this ground as it is a matter which requires further investigation as the charge is levelled against the police - If prosecution is quashed,..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 406, Income Tax Act, 1961, Section 192, 199, 200, 206, 271B, 276BB, Criminal Procedure Code, 1973, Section 482-- Civil and criminal dispute - Employee filing complaint against employer on the allegations that employer illegally deducted income tax from salary - Summoning order quashed - Held, dispute is purely of civil nature - Proper remedy was to approach the authority/office concerned under the Income Tax..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 173(3), 173(8), 482-- Murder case - Charge sheet submitted in the court after the completion of investigation - Case pending trial in the court of Sessions Judge - Father of the accused filed petition in the High Court under Section 482 that investigation was not fair - High Court sought report of DGP about the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Jurisdiction of High Court - Held, proceedings to be quashed - (i) where there is a legal bar against the institution or continuation of proceedings; (ii) Where allegations in FIR or complaint even accepted on their face value, do not constitute the alleged offence; (iii)..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Inherent power of High Court - Exercise of - To be exercised - (i) To give effect to an order under the Code; (ii) To prevent abuse of power of court, and (iii) To secure the ends of justice...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Inherent powers - Exercise of - Should not be exercised to stifle the legitimate prosecution - But at the same time no person be compelled to face criminal prosecution if basic ingredients of the alleged offence against him are altogether absent...........

Showing : 181-190 of 449 Results