Criminal Procedure Code, 1973, Section 300(1), 482 -- Quashing of proceedings - Double jeopardy - Initiation of two separate proceedings in respect of same transaction i.e. one u/s.138 of NI Act and also u/ss 420, 408 of IPC against same person - Held, it does not amount to double jeopardy since ingredients of both offence are different though they arise out of same..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A - - Exercise of inherent powers - Criminal proceedings - Quashing of - Allegations that Chief Manager in conspiracy with co-accused allowed operation of 15 different accounts in his name, in name of his family members and even in name of his employees - He by misusing his official position allowed overdrafts of..........
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 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 -- 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..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 153A -- Criminal proceedings - Quashing of - Perusal of article published does not make out a case that intention is to cause disorder or incite people to violence which is sine qua non of offence u/s 153-A IPC - Prosecution has to prove existence of mens rea in order to succeed - Specifically..........
