Showing : 1-10 of 493 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint cannot be quashed by taking recourse to S.482 Cr.P.C when disputed questions of facts are involved which need to be adjudicated after parties adduce evidence...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19-- Quashing of FIR - Lack of sanction for prosecution - Question whether sanction is necessary to prosecute a retired public servant, is a question which can be examined during course of trial...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, 228, Indian Penal Code, 1860, Section 302, 34-- Quashing of charges - Murder case - There is sufficient ground for proceeding against accused and frame charges against accused - At the stage of framing charge, Court is not required to hold an elaborate enquiry, only prima facie case is to be seen - High Court committed error in interfering with..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of complaint or a charge - Court while invoking power u/s 482 Cr.P.C for quashing of complaint or a charge, should not embark upon an enquiry into validity of evidence available - All that Court should see is as to whether there are allegations in complaint which form basis for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of complaint - Complaint shows that appellant had incorporated ingredients necessary for prosecuting the respondents for the offences alleged - Question whether appellant will be able to prove the allegations in a manner known to law arise only at a later stage - Order quashing complaint,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 362, 482-- Review - High Court has no jurisdiction to review its order either u/s 362 or u/s 482 Cr.P.C - Inherent power u/s 482 Cr.P.C cannot be used by High Court to reopen or alter an order disposing of a petition decided on merits...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Alteration of sentence - Where High Court had disposed of revision petition, upheld conviction, reduced sentence to period already undergone and enhanced fine, it became functus officio and as such, it could not have entertained petition u/s 482 Cr.P.C for altering sentence...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 499, 506(2), Criminal Procedure Code, 1973, Section 482-- Rape - Quashing of FIR - Serious allegations made in the complaint - High Court committed error by quashing the proceedings even before investigation is completed by investigating agency - Order quashing FIR set aside...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Complaint u/s 498-A IPC and Ss.3,4 of Dowry Prohibition Act - Settlement arrived at in between the parties - Parties consciously chose to unconditionally drop all proceedings related to marriage inter se including criminal action - Criminal complaint quashed...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482-- Cheating and criminal conspiracy - Contract of civil nature - If there is element of cheating and fraud it is always open for a party in a contract to prosecute the other side for the offences alleged - Order quashing complaint, set aside...........

Showing : 1-10 of 493 Results