Criminal Procedure Code, 1973, Section 446, 482 -- Quashing of Order - Accused absented - Intentional or Unintentional - Accused was arrested in another theft case and was confined to jail - Circumstances were beyond the control of appellant - Appellant placed on record final report and memo of arrest which shows due to involvement of accused in theft case, he was unable..........
Criminal Procedure Code, 1973, Section 82, 482 -- Quashing of order - Proclaimed offender - Plea of summons issued on previous address - Material available on record reveals petitioners are very much aware of criminal Proceedings pending before court - First time final report was presented before area judicial magistrate and since then petitioners were tracking proceedings..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 482 -- Dishonour of cheque - Application of respondent firm seeking permission of Court to lead evidence of one of partners of firm to prove some facts, allowed by Magistrate - Quashing of order - Applicant did not challenge the said order and also participated in the proceedings -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Complaint make it evident that allegation against petitioners is in regard to entrustment of istridhan, misappropriation and demand of dowry - Charges has already been framed against petitioner - After framing of charges criminal proceedings can be quashed only in rarest of rare case - Case not fall..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Non grant of benefit of ACP - Delay and laches - Petitioner was not granted 3rd ACP and increment, which was due in year 2006 - Petitioner retired from service in year 2008 - Petition filed in 2015 claiming benefit which allegedly accrued to petitioner in year 2006 - Petition filed after more than 6 years of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A, 201, 467, 471 -- Quashing of FIR - Death due to medical negligence - Complainant alleges that deceased died due to medical negligence on the part of petitioner and in order to cover up the negligence, false report had been prepared - Petitioner was not found guilty as per two enquiries..........
Criminal Procedure Code, 1973, Section 482, Haryana State Education School Cadre (Group B) Service Rules, 2012, Rule 5 - - Quashing of advertisement - Concession of age relaxation - Admissible to candidates in first advertisement issued after framing of Rules or with reference to candidate - In the advertisement the age prescribed was 18-42 years with relaxation - No..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - During enquiry a lot of material has been collected by investigating agency and on basis of enquiry report, FIR was registered - Another FIR was also registered for stealing rice, machinery and account books of mill - Petitioner was arrested - Held, no case is made..........
Criminal Procedure Code, 1973, Section 482, Limitation Act, 1963, Article 122 -- Quashing of order - Calculation of limitation period - Accused company was summoned on 26.09.2011 to face trial - Summons were not received back - Since the presiding officer was on Ex-India leave, so the file was placed before and fresh notice was again ordered to be issued - Accused company..........
Criminal Procedure Code, 1973, Section 319, 482 -- Quashing of order - Adding person as accused - Validity - During pendency of trial, charge was amended from S.306 IPC to Ss.302, 304B IPC against husband- Final Report was prepared wherein no incriminating evidence was collected against the sister in law and mother in law - In dowry harassment cases, large number of..........
