Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Infringement of copyright - Accused contended that Chief Editor, Executive Editor & Managing Editor of a publication cannot be liable for infringement of Copyright as they are not directly involved in publication of periodical - Contention rejected as disputed photograph was published as cover page of..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, Prevention of Food Adulteration Rules, 1955, Rule 37, Criminal Procedure Code, 1973, Section 482 -- False or misleading statement on Label - Quashing of summoning order - Use of words `dream of healthy India' on the packets of NOVA Dairy Mix Skimmed milk powder - Neither in the complaint nor in the public Analyst..........
Indian Penal Code, 1860, Section 323, 504, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Accused persons alleged to have used caste remarks, caused insult to informant and threatened him with dire consequences - Offences punishable..........
Indian Penal Code, 1860, Section 504, 506, 353, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Accused alleged to have abused public servant and threatened him with dire consequences - FIR and documents revealed that offences u/s.504, 506 prima facie made out against accused - However, accused allegedly did not assault or use criminal force..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 425, 426, 427 -- Quashing of charge sheet - Mischief - Allegation in FIR that contrary to the directions issued by Election Commission, slogans etc. written on walls not eradicated or scraped by applicant - Allegations contained in the First Information Report or in the statement of first..........
Criminal Procedure Code, 1973, Section 133, 138, 482 -- Removal of nuisance - Quashing of proceedings - District Magistrate gave certain guidelines to prevent causation of pollution from industrial units and abate nuisance to general public - Said order not satisfying essential requirements of final order u/s.138 Cr.P.C. - Held, District Magistrate is thus bound to proceed..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of proceedings - Complaint against brother of husband and his wife - Complaint was filed in 2012 whereas complainant and her husband had left the husband's parental home in 2005 and lived separately - Domestic incident report filed by..........
Gujarat Prevention of Anti-Social Activities Act, 1985, Section 3 -- Detention order - Quashing of - Validity - All three grounds found in favour of detenu - State failed to dislodge any of the said grounds - Detenu cannot be said to be property grabber - Held, quashing of detention order proper - LPA dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 498-A, 323, 294, 494, 506 & 34 IPC and S.4 of Dowry Prohibition Act - Compromise - Matrimonial dispute between petitioner and informant amicably resolved and parties are now residing peacefully and leading a happy married life - No useful purpose would be served by allowing continuation of..........
Criminal Procedure Code, 1973, Section 482, Prisons Act, 1894, Section 42, 45, 52A -- Possession of mobile phone by prisoner - Quashing of FIR - Held, S.52-A makes possession of mobile phone by prisoner and supplying phone by any person an offence - This section came into force on 08.03.2011 - FIR for offence dated 24.09.2009 - Since retrospective effect will not apply in..........
