Indian Penal Code, 1860, Section 353, 186, Criminal Procedure Code, 1973, Section 320, 482 -- Compoundable offence - Accused committed offence punishable u/ss 353 and 186 IPC - Trial Court framed the charges against the accused to face trial - Parties compromised - High Court has unlimited power u/s 482 Cr.P.C to quash the criminal proceedings - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused cheated Bank by obtaining loan against equitable mortgage of property under fake identity - Charge-sheet submitted against accused as well as against petitioner/employees of Bank, who were also charged for offences falling within Criminal trappings of Ss.468, 471, 420 IPC - Allegations against..........
Criminal Procedure Code, 1973, Section 320(5), 482, Indian Penal Code, 1860, Section 406 -- Appeal against conviction - Parties compromised during pendency of appeal - Quashing of proceedings - Held, once the accused had availed the statutory remedy of appeal for setting aside the judgment of conviction and order of sentence, then the petition u/s 482 of the Cr.P.C. for..........
Criminal Procedure Code, 1973, Section 468, 470, 482 -- Exclusion of time spent in prosecuting case in a Court having no jurisdiction - Held, in computing period of limitation, time during which petitioners have been prosecuted in a Court having no jurisdiction have to be excluded...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Admittedly, on the date of completion of offence u/s 138, petitioner was occupying the post of CEO of respondent No.2 - Held, it cannot be said that complaint qua petitioner is not maintainable - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque issued towards repayment of loan - Notice was issued which was not replied - Accused took a wrong plea that he had not received the notice - Plea that cheques were issued only as a security not proved - No reason to interfere with the order u/s 482..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(c), 6, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302 -- Parole - Petitioner was convicted and sentenced to undergo life imprisonment u/s 302 IPC - Petition for grant of agricultural parole for six weeks u/s 3(1)(c) - Commissioner held that convict may commit any..........
Criminal Procedure Code, 1973, Section 482 -- Case registered under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the allegation of atrocities - Govt. issued notification authorizing Asstt. Sub Inspector of police to investigate case - Held, it cannot be said that said police officer had no jurisdiction to investigate case - Order of..........
Criminal Procedure Code, 1973, Section 482 -- FIR lodged against petitioner for offences u/s 379 and 427 IPC - FIR found false during investigation by police - Police report submitted against informant u/s 182 and 211 of the Code and cognizance taken - Held, once Magistrate had taken cognizance against informant for filing false case, it is not fair to allow prosecution of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheque was issued in the name of company but complaint has been filed by one of the Directors who has not been authorized for that purpose - Quashing of complaint sought - Held, company is de jure complainant - It must associate a human..........
