Criminal Procedure Code, 1973, Section 195, 340, 482 -- Forging a false will - Probate proceedings pending - FIR u/s 420 IPC lodged - Quashing of FIR - FIR cannot be quashed as Court can file a complaint for the offence on the basis of the FIR (filed by the aggrieved private party) and the materials collected during investigation, provided it forms the requisite opinion..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302 -- Name of petitioner (mother of accused) not in FIR - No other evidence to connect her with offence - Criminal proceedings against her quashed...........
Indian Penal Code, 1860, Section 212, 216, Criminal Procedure Code, 1973, Section 482 -- Harbouring of offender - Accused came to his house after committing an offence - Mother of accused not knowing the commission of offence by accused - No offence of harbouring of offender is made out...........
Criminal Procedure Code, 1973, Section 397(3), 439, 482 -- Bail - Cancellation - Offence u/s 498-A r/w 304-B IPC - Husband and three ladies charged for the said offence - Sessions Court granted bail to all - High Court cancelled bail of husband - Material on record, the nature of injuries, demand of Rs.1 lac and other circumstances were such that this was not a fit case..........
Criminal Procedure Code, 1973, Section 482, 340 -- Quashing of F.I.R. - Offence u/S.406/506 IPC - Application filed by petitioner that complainant respondent has compromised the matter and filed an affidavit allegedly executed by her - The complainant respondent denied having executed any affidavit - Held that the petitioner has not come to court with clean hands no..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Consideration amount of Rs.7,25,000/- alleged to be taken away by deceitful means and sale deed not executed - Neither possession of disputed land delivered nor process of registry completed - It cannot be said that this is purely a civil dispute - Not a fit case to..........
Criminal Procedure Code, 1973, Section 482 -- Conviction - Setting aside - Further investigation - Validity - Conviction of accused u/s 304-A IPC after trial - High Court in exercise of its inherent powers set aside conviction of accused and directed that proceeding be initiated against appellant - Held, power u/s.482 Cr.P.C. cannot be exercised in contravention of all..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 34 -- Exercise of inherent powers - Quashing of charges - Validity - While quashing charge framed u/s 304/34 IPC approach of High Court to the case as if it was evaluating medical evidence for purpose of determining question whether charge framed against accused persons was likely to succeed..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 34 -- Forgery - Common intention - Quashing of summoning order - Validity - Complaint specifically alleged that all three accused had in a sense together forged document which was presented in Court - Held, High Court not justified in quashing order summoning accused Nos. 1 and 3 - Impugned..........
Criminal Procedure Code, 1973, Section 482, Reserve Bank of India Act, 1934, Section 45QA, 58E -- Exercise of inherent powers - Stay of criminal proceedings - Cognizance taken by Criminal Court u/s.420, 120B IPC as well as S.138 of NI Act - Held, no provision under Reserve Bank of India Act which prohibits any criminal proceeding to be continued - Power of Company Law..........
