Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order - Cancellation of bail - Violation of bail condition - Accused 2 and 3 violated condition-1 of bail order by not surrendering their passports before jurisdictional court - Even, accused 2 violated second part of condition no:1 of bail order by going abroad without permission of Court - Cancellation of..........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order - Cancellation of bail - Magistrate cancelled bail granted by HC u/s 439 Cr.P.C - However, bail order specifically provided, in case of violation of bail conditions, prosecution can move for cancellation of bail before Jurisdictional Court - Though application was filled by quoting S.439(2) Cr.P.C,..........
Bharatiya Nyaya Sanhita, 2023, Section 299 -- Offence u/s 299 BNS - Quashing of FIR - Act of tearing pages of "Manusmriti" holy book of a particular religion in a live TV debate which was being organized by the two TV channels was nothing but prima facie, reflection of a malicious and deliberate intention of petitioner and is an act done without any lawful excuse or..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of order - Order of cancellation of bail and issuance of non-bailable warrants - Petitioner has remiss in appearing before Court only on one date consequently orders in question were passed against him - However, within seven months of absence form Court and on coming to know about passing of impugned order,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order of dismissal of application filed for extension of time to deposit cost of Rs.10,000 - Petitioner has fair trial as enshrined u/art 226 of Constitution and any denial of best available evidence or opportunity of effective and substantial hearing to petitioner in proving his defence would amount to..........
Criminal Procedure Code, 1973, Section 482, 154 -- Quashing of second FIR - FIR prior in point of time refers to a particular incident and the action taken therein is limited - However, second FIR pertains to the larger issue of widespread corruption in the concerned department and, therefore, is much larger in its scope than the previous FIR - Quashing of FIR would nip..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Offence against Company - Director - No specific allegation against petitioner - He was not made party in original complaint before Industrial Tribunal as well as in appeal before High Court and Supreme Court - Complaint was lodged against petitioner solely on the ground that he is one of directors of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of order of cancellation of bail and issuance of non-bailable warrants - Explanation offered by petitioner for his non-appearance is justified - Sole purpose of non-bailable warrants is to secure presence of accused before trial Court and petitioner himself came forward and has undertaken to appear before..........
Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 2, 3 of Act of 1986 - Quashing of FIR - Allegation that appellants being member of gang led by A-1 were involved in three criminal cases - However, said criminal cases do not appear to fall within the net of violence or threat..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Settlement - Quashing of proceedings - Nature of weapon and nature of injury shows that overt act attributed to appellants does not bring the case within four corners of S.307 IPC - At the highest, offence alleged could be one u/s 326 IPC - Moreover, parties have..........
