Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Inherent powers u/s 482 Cr.P.C. can be exercised by High Court very sparingly and with circumspection and that too in rarest of rare cases - High Court is not helpless if Court finds that there is misuse of process of Court or to secure ends of justice its intervention is necessary to avoid..........
Indian Penal Code, 1860, Section 307, 323, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Hurt - Quashing of charge-sheet - No reason why victim would not name applicants in FIR regarding incident of attempt to murder her if they were present at that time - Subsequent statements of opposite party No.2 and other witnesses given to second investigating..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Quashing of charge-sheet - It is not the case that jewellery or cash was ever entrusted to applicants - Held, entrustment of property is an essential ingredient of offence of criminal breach of trust - In absence of any entrustment, applicants cannot be said..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of charge-sheet - Applicants not relatives of husband of complainant - In FIR, no allegation of harassment was levelled against applicants - Held, submission of charge-sheet against applicants in respect of offence u/s.498-A IPC was misconceived and was a deliberate..........
Indian Penal Code, 1860, Section 494, 107, Criminal Procedure Code, 1973, Section 482 -- Bigamy - Abetment of offence - There is no allegation against applicants that they instigated `R' to commit an offence punishable u/s.494 IPC - There is no allegation that applicants engaged themselves in any criminal conspiracy to commit an offence u/s.494 IPC - It is the case of..........
Indian Penal Code, 1860, Section 504, 506, Criminal Procedure Code, 1973, Section 482 -- Criminal intimidation - Quashing of charge-sheet - Allegation that accused persons including appellants abused informant and threatened her with death - No specific abuse or threat mentioned in FIR or in statement of witnesses u/s.161 Cr.P.C. - Held, in absence of exact words uttered..........
Criminal Procedure Code, 1973, Section 482, 439(2), 389 -- Cancellation of bail - Application by brother of victim - Maintainability - Held, a bare reading of S.389 of Cr.P.C. makes it clear that though liberty has been given to Public Prosecutor to file an application for cancellation of bail, it nowhere restricts any other affected person or relative of a victim from..........
Criminal Procedure Code, 1973, Section 202(1), 482 -- Summoning of accused residing beyond jurisdiction - Non compliance of mandatory provision of S.202(1) Cr.P.C. - Fatal to proceedings - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused summoned without adhering to the mandatory provision of S.202(1) Cr.P.C. as accused was residing beyond jurisdiction of Court - Magistrate also summoned an accused who was dead on the date of recording statement of complainant - Revisional Court rejected revision - Both Courts below acted..........
Criminal Procedure Code, 1973, Section 190, 482 -- Cognizance of offence - Quashing of order - Subsequent disclosure indicates that petitioners were participants in incident occurred and they have been implicated as parties and being absconders, N.B.Ws have been issued for their appearance by taking cognizance - Validity - Held, Magistrate is not bound by police document..........
