Criminal Procedure Code, 1973, Section 482 -- Complaint - Quashing - Contradiction with regard to the date and time of occurrence in complaint petition and initial deposition - Two applications filed by complainant to withdraw complaint alleging the complaint allegations were false - Reasonable conclusion can be drawn that allegations made in complaint were not correct -..........
Criminal Procedure Code, 1973, Section 482 -- Complaint - Quashing of - Only when allegations are so absurd and inherently improbable on the basis of which no prudent man can ever reach on just conclusion that there exists no sufficient ground for proceeding against the accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Payment already made - Plea of - Same to be proved at the trial - Not a ground for quashing proceedings...........
Constitution of India, 1950, Article 226,227 -- Writ Jurisdiction - Writ of certiorari - Maintainability - Prayer for quashing the order passed by Division Bench held not maintainable under Article 226/227 of the Constitution - Remedy of the aggrieved person is either to file Letters Patent Appeal against the said order or Special Leave Petition before the Supreme Court -..........
Electricity theft -- Demand of Rs. 81757/- raised - Meter not packed and sealed as per rules - No evidence produced that any notice was given to the consumer regarding the checking in the M.E. Lab. - No evidence produced if any case of theft of energy was registered against the complainant - Complainant cannot be condemned unheard - Order of the District Forum quashing the..........
Criminal Procedure Code, 1973, Section 482,320, Penal Code, 1860, Section 498A,406 -- r/w 226/227 of the Constitution of India - Inherent powers - Quashing of criminal proceedings - Non compoundable offence - Held that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 Cr.P.C. does not limit or affect the..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - Where the complaint or FIR does not disclose commission of a cognizable offence, the same can be quashed even at the initial stage...........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Quashing of FIR - Whether in a case where the complaint or the FIR does not disclose commission of a cognizable offence, the same can be quashed at the initial stage? - Held Yes - Case law discussed...........
Penal Code, 1860, Section 420, 120B,34 -- Quashing of FIR - Appellants-Accused alleged to have committed the offence of cheating with regard to business agreement - Since the appellants were not in picture at the time of original deal, neither any guilty intention can be attributed to them nor there can possibly be any intention on their part to deceive the complainant -..........
Penal Code, 1860, Section 406, 498A,506,329 -- Quashing of complaint - No specific allegations made against petitioners - Allegations general in nature - Not mentioned as to which articles of dowry were entrusted to which of the accused - Allegations in the complaint held to be an abuse of the process of the Court - Complaint quashed...........
