Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(3) -- Preventive detention - Quashing of detention order - Smuggling of huge quantity of gold - Detaining authority recorded finding that this has serious impact on economy of nation - Based on documents and materials placed before detaining authority and considering individual..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 28(1)(a), 23, 25 - - Cognizance of offence - Offence u/ss 23, 25 of the Act - Inspection of Ultra sound clinic by Executive Magistrate - Executive Magistrate is nominated/authorized to assist District Appropriate Authority/District Magistrate to inspect the clinic of..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Compounding of offence - Quashing of proceedings - Parties compromised the matter amicably - Entire compensation amount paid by accused - Continuation of proceedings will not suffice any fruitful purpose whatsoever - This is a fit case where inherent..........
Indian Penal Code, 1860, Section 416, 417, 418, 419, 34, Criminal Procedure Code, 1973, Section 482 -- Medical negligence - Quashing of proceedings - No allegation of gross negligence - Even there is no allegation of any mens rea - It is a case of surgery that in opinion of complainant went wrong - Even otherwise, without an independent impartial medical opinion,..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Application cannot be rejected merely on the ground that petition u/s 482 Cr.P.C. for quashing of FIR has already been rejected - Dismissal of petition u/s 482 Cr.P.C. for quashing is not conclusive and cannot be the reason to reject application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 482, 161 -- Quashing of proceedings - Non-recording of statement of victim u/s 161 Cr.P.C - No objection raised by accused while framing charge against him u/s 325 IPC regarding non-recording of statement of victim u/s 161 Cr.P.C - Therefore, at the distant point of time, said ground cannot be raised in proceedings u/s 482 Cr.P.C,..........
Criminal Procedure Code, 1973, Section 482, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 53(a) - - Quashing of order taking cognizance - Offence u/s 53(a) of the Act - Consumption of liquor has to be happen within State of Bihar as per S.53(a) of the Act - Whether charge that consumption of liquor has taken place within State of Bihar is made out..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court has sufficient powers to quash criminal prosecution if it finds that initiation or continuance of criminal proceedings amounts to abuse of process of Court or quashing of proceedings would otherwise serve ends of justice, when no offence is disclosed by the complaint...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - The very purpose for exercising power u/s 482 Cr.P.C. is to avoid agony of undergoing a criminal trial to the concerned persons, especially when complaint and/or FIR makes out no case against them or a dispute is of a civil nature...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Mere presence of formal words in complaint alleging ingredients of a particular offence, even when such allegations are ex-facie unbelievable and unacceptable, would not justify registration of FIR on patently unbelievable and unacceptable allegations...........
