Criminal Procedure Code, 1973, Section 482 -- Banking fraud - Quashing of criminal proceedings - Allegations if accepted in entirety are most likely to make out criminal offence alleged against accused - Held, proceedings cannot be termed as an abuse of process of Court and hence cannot be quashed...........
Criminal Procedure Code, 1973, Section 482 -- Recall of order quashing FIR - High court can recall the quashing order when accused abused the process of Court as inherent powers of Court can be invoked when special circumstances are made out...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406 -- Recall of order quashing FIR - Matrimonial dispute - FIR quashed on the basis of compromise between the parties - Husband backed out from the compromise - Wife put in disadvantageous position - Order of quashing FIR recalled and FIR restored to its original position - Cost of Rs.1 Lac..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Filing of charge sheet or even framing of charge is not a bar to exercise of power u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Defence documents which are uncontroverted and public document can be looked into and material relied by the petitioner in support of his plea for quashing proceedings should be sound, reasonable and sufficient to reject factual assertion contained in the charges levelled against them, could be looked into...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Holdings have been divided by mutual consent and co-sharers put in possession of specific shares - No wrongful loss has been caused to the complainant, as he has sold his share much prior to partition deed - Held, prosecution motivated by malice and complaint has been filed to abuse the judicial process - FIR..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Powers u/s 482 are extraordinary in nature and should be used with caution and care - But basis of powers is that it should be used for advancement of justice and such powers could be used at any stage or intermediate stage of trial - Objection that charge sheet has been filed is not a bar for quashing FIR...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B -- Cheating & criminal conspiracy - Quashing of FIR - FIR filed with ulterior motive to circumvent earlier litigation pending between parties - FIR quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Two FIR's of the same incident - Both FIR's contain same allegations as regards to forgery of same documents - Second FIR is abuse of process of Court and same quashed...........
Wild Life (Protection) Act, 1972, Section 51, 51(1A), 57, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Illegal transportation of prohibited item - Investigation revealed that accused had actual knowledge about transportation of prohibited item as he came forward to collect said items - Co-accused being driver of vehicle and in view of legal..........
