Constitution of India, 1950, Article 21 -- Delayed trial - Quashing of criminal proceedings - Factors to be considered - Held, no time limit can be stipulated for disposal of criminal trial - Delay caused has to be weighed on factual score, regard being had to nature of offence and concept of social justice and cry of the collective...........
Prevention of Corruption Act, 1947, Section 5(2), Constitution of India, 1950, Article 32 -- Corruption case - Delayed trial - Quashing of criminal proceedings - Anti Corruption Bureau filed FIR on 26.06.1986 - Grant of sanction accorded on 22.01.1993 and thereupon, charge-sheet lodged against petitioners on 04.03.1993 - Quashing of criminal proceedings sought on the..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Allegation in complaint - At this stage, it is impermissible to go into the truthfulness or otherwise of the allegation - One has to proceed on a footing that the allegation made is true...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by proprietorship firm - Quashing of complaint - Cheque issued in favour of respondent No.1/complainant on behalf of firm got dishonoured - Petitioners/accused prosecuted as partners of firm - Respondent No.1 was not sure whether said firm was..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Quashing of complaint - Petitioners were not Directors of Company on the date on which cheque was issued - Held, petitioners cannot be made liable vicariously u/ss 138 and 141 of the Act - Impugned complaint quashed and set aside qua..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Complaint - Pre-mature quashing petition - Held, if protection officer's report does not support complaint then complainant would fail - Therefore, order quashing complaint before such procedure would be premature and unjustified...........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- FIR registered under - Petition for quashing FIR on ground that both parties were claiming Hibanama in their favour and civil suits were pending filed by both sides regarding Hibanama - Whether FIR filed when civil suits were pending was liable to be quashed? Yes...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of managing director - Quashing of - Company of which applicant is managing director has not been made an accused for offence in question which is said to have been committed by Company - Held, prosecution of applicant for..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Court must ensure that criminal prosecution is not to be used as an instrument for harassing or for seeking private vendata or with ulterior motive to pressurize the accused - FIR mala fidely lodged because of political reasons - FIR quashed...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Quashing of notification - Delay in filing writ petition - Delay satisfactorily explained - Conduct of appellants evidenced by consistent stand adopted by them in requesting the authorities throughout the course of acquisition proceedings to exempt their lands from acquisition proceedings - Cogent reasons..........
