Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Detention order - Recovery of 8 kgs gold of foreign origin - Detenus have been granted bail on the very same date the order of detention was quashed by High Court - Therefore, apprehension in the mind of Detaining Authority that detenus are likely to be released on bail was well..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Factum of loss of cheque cannot be determined at stage when evidence is yet to come - Order passed by Court below does not suffer from any illegality or infirmity - Proceedings cannot be quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 420, 120B -- Quashing of proceedings - Cheating - Compromise - Parties have settled their dispute amicably - No possibility of accused being convicted in the case pending against him - No useful purpose would be served by keeping criminal proceedings pending - Proceedings..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 327, 34 -- Quashing of FIR - Offence u/ss 323, 341, 327, 34 IPC - Compromise - Parties have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - When once disputes have been settled by mutual compromise, then no useful..........
Indian Penal Code, 1860, Section 447, 427, 341, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 447, 427, 341, 323 IPC and S.3(1)(x) of SC/ST Act - Quashing of FIR - Material available on record shows that accused trespassed into agricultural land of complainant, uprooted trees and hurled caste based abuse at..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Meticulous analysis of facts and evidence for filing charge sheet or not cannot be gone into in proceedings u/s 482 Cr.P.C, as charge sheet is filed on basis of evidence collected by I.O...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354 -- Quashing of charge sheet - Outraging modesty of woman - Accusation of molestation by complainant against accused, who is real brother of her deceased husband - I.O submitted charge sheet and Magistrate applied its legal mind and thereby took cognizance u/s 354 IPC which was substantiated by..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Breach of contractual obligation normally do not give rise to criminal offence - Civil dispute between parties is sought to be converted into a criminal case - FIR and all subsequent proceedings qua petitioners quashed...........
Criminal Procedure Code, 1973, Section 401 -- Revision - Quashing of charge - Revisional power cannot be exercised to quash charge framed by Court...........
Criminal Procedure Code, 1973, Section 482 -- Second complaint - Quashing of - Earlier complaint rejected - Second complaint is nothing but a mere repletion of earlier complaint and nothing is argued to demonstrate that any of exceptional circumstances were available while filing second complaint - Second complaint quashed...........
