Criminal Procedure Code, 1973, Section 482 -- Framing of charge - Quashing of - Petitioners caused felling of two gamai trees standing on the land of "K", which was under contract of sale in favour of complainant and those gamai trees were taken to the house of "S", father of "R" who confirmed such story - Other witnesses though heard from the complainant but they have..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482, 200 -- Medical negligence - Death - Quashing of complaint - There is no specific, clear, precise or pointed allegation made against petitioner No.3 doctor showing that he had failed to give necessary treatment as a medicine specialist to "S" following her gynaecological surgery - Held,..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482, 200 -- Medical negligence - Quashing of complaint - Allegation of complainant that patient was kept without supply of oxygen for about 15 minutes when she was being shifted from observation room to ambulance - Complainant has also alleged that petitioner No.1 hospital did not have materials,..........
Criminal Procedure Code, 1973, Section 438, 482, Indian Penal Code, 1860, Section 306, 498A -- Anticipatory bail - Grant of - Cruelty and abetment of suicide - There is no suicidal note - There was no complaint or any action by deceased or any of her relatives against petitioner for alleged harassment or abetment prior to her death - Statement of complainant, i.e. sister..........
Negotiable Instruments Act, 1881, Section 138, 142, 420, 482 - - Dishonour of cheques - Cheating & criminal breach of trust - Quashing of - First element of deception constituting an offence of cheating is lacking as nowhere allegations made in complaint do indicate about complainant being deceived by petitioner in any manner - None of ingredients required to constitute..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 120B, 482 - - Dishonour of cheque - Cheating & criminal breach of trust - Quashing of entire criminal proceedings - None of ingredients required to constitute offence u/s.405 of IPC attracted even if entire allegations are accepted to be true - Necessary pleadings with respect to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 174, 175, Constitution of India, 1950, Article 20, Finance Act, 2008, Section 69 - - Retrospective amendment - Creation of offence - Effect of - Held, retrospective amendment by S.69 of the Finance Act, 2008 can ex-post facto ratify the acts of officers in issuing summons u/s 108 of the Customs..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Bank guarantee encashed even before receipt of notice by complainant when there is no material on record by which it can be inferred that complainant was not agreeable to extend bank guarantee - Encashment of bank guarantee is sufficient proof of intention..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 506 -- Summoning order - Quashing of - Dispute between husband and wife because of which proceeding u/s 498-A IPC and 125 CrPC was initiated by wife against her husband and entire family - Wife has not deposed against two applicants i.e. "Jeth" and "Devar" at any earlier point of time -..........
Criminal Procedure Code, 1973, Section 482, 156(3), Indian Penal Code, 1860, Section 209, 420, 467, 468, 471, 120B, 506 -- Quashing of criminal proceeding - Dispute between parties is purely and predominantly of a civil nature - Will has been posthumously registered - Whether the Will is forged or genuine has to be decided by Revenue Court and also by Civil Court - Held,..........
