Indian Penal Code, 1860, Section 379A, 365, 411, 341 - - Quashing of FIR - Offence u/ss 379-A, 365, 411, 341 - Repossession of hypothecated car on interim order from arbitrator - No illegal act has been done by petitioners as they after obtaining legal interim order from arbitrator, pursuant to terms and conditions of the loan agreement took possession of hypothecated car..........
Indian Penal Code, 1860, Section 307, 323, 34, Criminal Procedure Code, 1973, Section 320, 482 -- Quashing of FIR - Compromise - Offence u/s 307, 323, 34 IPC and Ss.25, 27 Arms Act - There is fire arm injury on the calf and invocation of S.307 is debatable on said issue - Moreover, continuation of criminal proceedings between parties would be abuse of process of law - FIR..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Complaint containing sufficient description of (i) the nature of the partnership; (ii) the business which was being carried on; (iii) the role of each of the accused in the conduct of the business and, specifically, in relation to the transactions which took place with the..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Cruelty - Dowry demand - Allegation against relatives of husband - No justification or/and prima facie case to proceed against appellants either jointly or severally for commission of offences alleged..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order quashing FIR - Case to be restored to its number as if order quashing FIR had not been passed - High Court on one hand restored the case and on the other hand, dismissed the case - This approach of High Court thus, not legal and to that extent order of High Court set aside...........
Criminal Procedure Code, 1973, Section 482 -- Recall of order quashing FIR - Having regard to facts alleged and grounds taken therein, recall orders cannot be faulted with - No good ground to interfere in order recalling of petitions - Criminal Petitions thus, restored - High Court to decide these three cases on merits in accordance with law...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of Complaint - High Court while hearing application u/s 482 Cr.P.C had no jurisdiction to appreciate statement of witnesses and record a finding that there are inconsistencies in their statements and therefore, there was no prima facie case made out against accused - This could be done only in trial while deciding..........
Criminal Procedure Code, 1973, Section 482, Notaries Public Act, 1952, Section 13 -- Quashing of charge sheet - Merely because I.O was not competent to investigate the matter in view of S.13 of Notaries Act and to file charge sheet, even then, charge sheet cannot be quashed only on this ground...........
Indian Penal Code, 1860, Section 420, 423, 466, 467, 471, 120B -- Cheating - Quashing of charge sheet - Allegation against applicant that while he was working as a Notary had notarized the Will after death of testator - Will in question was notarized just one day after death of testator - Applicant had ample opportunities to compare the photograph with face of person who..........
Indian Penal Code, 1860, Section 468, 471, 120B -- Forgery - Criminal conspiracy - Accused allegedly fabricated partition deed and executed GPA in favour of A3 and A4 - Petitioner entered into sale agreement to purchase the property from A3 and A4 - He also committed offence in connivance with other accused to grab the property from complainant - All accused conspired..........
