Drugs and Cosmetics Act, 1940, Section 27(d), 28A, Criminal Procedure Code, 1973, Section 482, 468 -- Cognizance of offence - Quashing of order - Offence u/ss 27(d), 28A IPC - Delay of more than 4 years in filing complaint - While taking cognizance, Magistrate did not take into consideration delay in institution of complaint - Even, complainant failed to explain the delay..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 324, 325, 342, 354, 427, 379, 148, 149 -- Quashing of complaint - Complaint alleged that accused persons forcibly entered into his house and they were armed with daangs and gave daang blow on head and other parts of body and as soon as his wife came to rescue him, accused persons torn..........
Prohibition of Child Marriage Restraint Act, 2006, Section 10, 11, Criminal Procedure Code, 1973, Section 482 -- Child marriage - Quashing of FIR - No allegation that petitioners either solemnized marriage of their children or promoted solemnization of marriage of their children - Rather, petitioners were protesting against marriage of their children - Both the children..........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 8, 10, 12, 13(2), 13(1)(d) -- Criminal Conspiracy - Illegal gratification - Quashing of charge - Prosecution failed to prove guilt of accused - There is no material evidence on record in order to bring home the charge of conspiracy against accused - No direct or circumstantial evidence to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 148, 149, 323, 342, 452, 506 -- Quashing of complaint - Application before SHO makes clear that incident of beating by petitioners to respondent, had taken place on 30.11.2008 - Complaint filed by respondent has shown incident of beating to him by petitioners as on 01.12.2008 - Respondent has not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 148, 149, 323, 342, 452, 506 -- Quashing of complaint - Application before SHO makes clear that incident of beating by petitioners to respondent, had taken place on 30.11.2008 - Complaint filed by respondent has shown incident of beating to him by petitioners as on 01.12.2008 - M.L.R. proved by..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complainants have purchased plots in year 2010 and possession was delivered and when letter of possession was issued, complainants were not allowed to construct their houses/residences - Complainants came to know that ex-parte decree regarding said land is passed in favour of someone else before purchasing of..........
Criminal Procedure Code, 1973, Section 482, Essential Commodities Act, 1955, Section 7, 10, 12AA -- Quashing of FIR - Person responsible for manufacturing cannot be prosecuted individually, without arraying company as an accused - FIR quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing criminal proceedings - Criminal investigation, unless tainted by clear mala fides, should not be foreclosed by a Court of Law...........
Criminal Procedure Code, 1973, Section 482 -- Quashing criminal proceedings - Power u/s 482 Cr.P.C. does not permit High Court to go into disputed question of fact or to appreciate the defence of accused...........
