Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Scope - While dealing with petition u/s 482 Cr.P.C., it is necessary to consider as to whether the allegations in complaint prima facie make out a case or not and Court is not to scrutinize the allegations for the purpose of deciding whether such allegations are likely to be upheld in trial...........
Immoral Traffic (Prevention) Act, 1956, Section 13, 14, Criminal Procedure Code, 1973, Section 482 -- Offence punishable under provisions of 1956 Act - Quashing of final report and order taking cognizance - Held, only Special Officer appointed by or on behalf of Government for dealing with offences under the Act of 1956 in specified area has power to investigate - In..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Prosecution's stand totally falsified from the information furnished under RTI which is a document of unimpeachable credibility as well as the facts stated by opposite party No.3 in his counter affidavit by stating entirely a different version of the occurrence - No likelihood of conviction -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings qua petitioner/accused No.4 - Offence by company - There is only specific averment with regard to role of accused No.1/company pursuant to loan agreement entered into between accused No.1 and complainant - In absence of specific..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Quashing of proceedings - Complainant himself, handed over jewellery articles to his wife - Nothing in the complaint or in statement recorded in support thereof that wife was aware or made to understand that she was required to return articles as they belong to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Continuance of a criminal proceeding which is likely to become oppressive or may partake the character of a lame prosecution is a good ground to invoke the extraordinary power u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 120, 420 -- Quashing of proceedings - Accused charged with offences u/ss 120B/420 IPC - Held, offence u/s 420 IPC is compoundable - But offence u/s 120B is not compoundable - Liability to make good monetary loss suffered by bank had been mutually settled between parties - High Court rightly..........
Criminal Procedure Code, 1973, Section 107, 111, 482 -- Quashing of proceedings - Order of Magistrate initiating proceedings u/s.107 Cr.P.C. against accused on basis of police report shows that three criminal cases were registered against him - Nothing mentioned in report that after registration of those cases accused was involved in any other criminal activity for which..........
Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 7, 13, 14, Criminal Procedure Code, 1973, Section 482 -- Immoral trafficking - Offence of carrying on prostitution - Quashing of criminal proceedings - Nothing on record to show that there is plurality and undiscriminated sexuality is involved - No case for prosecution that incident happened from notified area as..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Quashing of proceedings - Dispute relating to payment in respect of faulty goods sent for replacement by distributor to company and also dispute with regard to no, lifting of faulty goods by company for replacement - There has been payment of some amount by the..........
