Criminal Procedure Code, 1973, Section 482 -- Complaint - Quashing of - Allegations in complaint appeared absurd and actuated by malice - Complaint and proceedings quashed...........
Criminal Procedure Code, 1973, Section 482 -- Complaint - Quashing of - Prior to filing of complaint petitioner lodged police report for offence u/s 307 IPC wherein complainant and his associates were arrested and complainant when came out on bail filed present complaint - Complaint appeared to have been filed actuated by malice and there was no allegation actually against..........
Negotiable Instruments Act, 1881, Section 138 -- `Stop payment' - Non fulfilment of conditions of contract by complainant - Contents of accusation read over to accused - Case fixed for evidence - No question of stopping the proceedings arises - Application for quashing of complaint rightly dismissed by Court below...........
Prevention of Corruption Act, 1947, Section 3 -- Quashing of proceedings - Corruption case registered under Act of 1947 - Repeal of Act of 1947 by Act of 1988 - However no Special Judge appointed in State of West Bengal u/s 3 of Act of 1988 to try offences under Act of 1947 - Held, offence does not stand abated automatically - Trial of offenders had to be postponed -..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 11D -- Resumption of site for infringement of conditions of sale on ground of misuser - Writ petition for quashing order of resumption dismissed by High Court holding that if appellant moved an application u/s 11-D of Rules, 1960, the same shall be decided by authority - Estate Officer allowed application..........
Criminal Procedure Code, 1973, Section 397, 377, 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Inadequacy of sentence - Appeal against - Not maintainable - Right to file such appeal vests exclusively with State and private complainant at whose complaint criminal proceedings were initiated has not been given such right - Private complainant is..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Criminal proceedings can be quashed if initiation or continuance of the criminal proceedings amounts to abuse of the process of Court or quashing of the proceedings would otherwise serve the ends of justice, when no offence is disclosed by the complaint...........
Criminal Procedure Code, 1973, Section 482, Protection of Civil Rights Act, 1955, Section 7, Constitution of India, 1950, Article 21 -- Trial pending for 19 years - Speedy Trial - Delay - Seriousness of offence and why delay has occurred to be seen - Appellant filed 3 revision petitions and contributed in delay - Case for quashing not made out...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A - Dispute amicably settled - Joint petition by complainant and accused for quashing the criminal case - No chances of prosecution ending in conviction - Continuation of prosecution would amount to abuse of process of Court - Prosecution quashed to secure ends of justice...........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - While exercising jurisdiction under section 482 Cr.P.C. it is not permissible for the court to act as if it was a trial Judge - Even at the stage of framing of charge, the court has to only prima facie to be satisfied about the existence of sufficient ground for proceedings against the..........
