Prevention of Food Adulteration Act, 1954, Section 13(2) -- Complaint - Filing of - Nearly two years elapsed between date of inspection and report of analyst and complaint - Quashing of proceedings sought on ground of delay in filing the complaint - Held, mere delay in filing the complaint per se is not a ground to quash proceedings...........
Criminal Procedure Code, 1973, Section 482, 173 -- Quashing of charge sheet - Charge sheet submitted during continuation of investigation - It is a incomplete charge sheet - Magistrate cannot take cognizance on the basis of incomplete charge sheet - Order taking cognizance set aside...........
Standards of Weights and Measures Act, 1976, Section 19, 74, Criminal Procedure Code, 1973, Section 482, Standards of Weights and Measures (Packaged Commodities) Rules, 1977, Rule 2, 4, 6, 8, 23 -- Prosecution u/s 19 of Standards of Weights and Measures Act - Quashing of complaint - In the complaint it was not identified as to who was the person responsible and incharge of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charges - Two different and contradictory depositions by witness - One before enquiry officer during disciplinary proceedings and other before Magistrate u/s 164 Cr.P.C. - Held, statement before disciplinary authority cannot be considered to be unimpeachable character - Charges framed cannot be quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Law as to - Guiding principles set out in Bhajan Lal's case wherein inherent powers could be exercised, which were only illustrative in nature, reiterated...........
Criminal Procedure Code, 1973, Section 482 -- Negotiable Instruments Act, 1881, S.138 & 141 - Dishonour of cheque - Complaint - Quashing of - Admittedly, cheque was drawn by respondent No.3, in his capacity as a partner of M/s Sunlit Securities, which firm has not been impleaded by complainant - Held, for a complaint to be maintained u/s.138 of the Act, complainant is..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of complaint - Ground of maintainability - Complainant-wife was driven out of her matrimonial home - Also, petitioner failed to bring on record anything satisfactory to interfere with order of Court - Therefore, complaint filed u/s.12..........
Charge sheet -- Quashing of charge sheet - Second Respondent issued a charge sheet on the petitioner on the basis of complaint forwarded by the previous employer namely Punjab Small Industries Export Corporation for the alleged loss caused by the petitioner to the Corporation - Held that a complaint forwarded by the previous employer could not become a subject of a charge..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offences u/ss 109, 447, 232, 324, 379/511, 354/34 IPC - Complaint was taken on file against 13 accused and petitioner is one among them - Filing of present petition for quashing of proceedings at the time of disposal of Sessions Case - No action taken at initial stage - Held, a speculative one without..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order declaring proclaimed offender - Quashing of - Petitioner was not aware about filing of complaint - Summon not served - Petitioner ready to appear before Court - Held, if petitioner appears before trial Court, he shall be released on bail...........
