Showing : 721-730 of 2047 Results

ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, 439(2), 389-- Cancellation of bail - Application by brother of victim - Maintainability - Held, a bare reading of S.389 of Cr.P.C. makes it clear that though liberty has been given to Public Prosecutor to file an application for cancellation of bail, it nowhere restricts any other affected person or relative of..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Accused summoned without adhering to the mandatory provision of S.202(1) Cr.P.C. as accused was residing beyond jurisdiction of Court - Magistrate also summoned an accused who was dead on the date of recording statement of complainant - Revisional Court rejected revision..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 153A-- Criminal proceedings - Quashing of - Perusal of article published does not make out a case that intention is to cause disorder or incite people to violence which is sine qua non of offence u/s 153-A IPC - Prosecution has to prove existence of mens rea in order to succeed - Specifically mens rea or..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 190, 482-- Cognizance of offence - Quashing of order - Subsequent disclosure indicates that petitioners were participants in incident occurred and they have been implicated as parties and being absconders, N.B.Ws have been issued for their appearance by taking cognizance - Validity - Held, Magistrate is not..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 202(1), 482-- Summoning of accused residing beyond jurisdiction - Non compliance of mandatory provision of S.202(1) Cr.P.C. - Fatal to proceedings - Proceedings quashed...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Transfer of investigation - Power of High Court - Held, Court can transfer an investigation from State investigating agency to any other independent investigating agency like CBI only in rare and exceptional cases - Such as where high officials of State authorities are involved or accusation..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 173, 482-- Transfer of investigation - Final report u/s.173(2) Cr.P.C. submitted before competent criminal Court - Allegations are only against then RDO who might have been transferred to various districts during past 15 years - Similarly various other police officials might have investigated case and it is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Company - Summoning Order - Quashing of complaint - Averments in complaint prima facie reveal that offence u/s 138 of the Act is made out against each and every person including the petitioners - Petitioners had submitted their resignations after receiving notice of demand..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Offence by company - Quashing of complaint - Agreement for sale of poultry farm entered into by petitioner through his attorney - Petitioner was admittedly not present on any occasion of agreement to sell, issuance of cheque and other relevant issues - No averment in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Merely because petition of quashing was filed by petitioner through his attorney, petition cannot be rejected - Petition, held, maintainable...........

Showing : 721-730 of 2047 Results