Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Quashing of - Order of cognizance for offence u/ss 306, 120-B IPC - Impugned charge-sheet filed against petitioners without applying mind - Cognizance order passed by Magistrate without judging prima facie evidence available on record - Held, entire proceedings of case liable to be quashed...........
Prevention of Food Adulteration Act, 1954, Section 13(2), Criminal Procedure Code, 1973, Section 482 -- Quashment of proceedings - Adulteration - Case pending from last 20 years - Valuable right of petitioner enshrined u/s 13(2) of the Act extinguished as sample not sent for reanalysis to CFL - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Indian Penal Code, 1860, Section 323 -- Criminal proceedings instituted with mala fide intention - Quashing of - Held, where a criminal proceeding is manifestly attended with mala fides and/or where proceeding is maliciously instituted with an..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Criminal proceedings - Quashing of - It is never the case of complainant that he was abused by petitioner in his official chambers in presence of others - Alleged abusive language never seems to have been made within public hearing or public..........
Criminal Procedure Code, 1973, Section 197, 482, 548 - - Sanction for prosecution - Requirement of - Abetment alleged to have been committed for offences u/ss 268, 269, 270, 278 of IPC while acting or purporting to act in discharge of official duty by illegal omission in taking proper action against offenders - Held, sanction of Government u/s 548 of Kerala Municipality..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Presentation of cheque beyond validity period - Cheque was drawn on 23rd November, 2002 and period of six months within which, it could be presented to bank on which it was drawn, expired on 22.05.2003 - However, cheque was presented by complainant on..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning orders - Quashing of - Cheques issued by petitioners against supply of desktop were dishonoured - Plea taken by petitioners that cheques were issued as security and not as a liability - Held, it has to be presumed that when a cheque was issued..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 468, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner/accused has stated that he was in financial difficulty and was unable to repay loan amounts and had no intention to cheat or dishonestly divert loan amount - Held, all..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- - Dishonour of cheque - Cheating - Quashing of complaint - From testimony of complainant and that of bank official it is prima facie seen that though petitioner was not partner of firm, but he had so represented and executed receipts and..........
