Prevention of Food Adulteration Act, 1954, Section 7, 16(1)(a)(i), Constitution of India, 1950, Article 21 -- De-novo trial - Right to speedy trial - Quashing of complaint - Offence alleged to have been committed on 23.08.1981 - Case proceeded as a warrant case continuously till the impugned order of de-novo trial was passed on 10.12.1987 - Held that the accused-petitioner..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 21 -- Quashing of complaint - De-novo trial - Right to speedy trial - Petitioner faced trial for 7 years and still to undergo de-novo trial as ordered by the trial Court - Held that if the petitioner is required to undergo further trial, it would amount to travesty of justice - Complaint and..........
Indian Penal Code, 1860, Section 406, 409 -- Quashing of FIR - Petitioner, an Ex-Sarpanch, allegedly not handed over the entire record to the new Sarpanch - Further allegations of misappropriation - Nothing has been pointed out by the respondent-State to show that as to which record is in the possession of the petitioner - Even in the search conducted in the house of the..........
Insecticides Act, 1968, Section 33, 31(1), 29(1), 17(1)(a) -- Sanction to prosecute - Offence by Company - Quashing of complaint - There being no sanction for prosecution of the present petitioner, notice summoning him as an accused on the basis of his name figuring in the complaint was without jurisdiction - Complaint against the petitioner liable to be quashed...........
Indian Penal Code, 1860, Section 420, 354, 506 -- Quashing of FIR - Petitioner being the Director of the Institute allegedly not taking active steps to hold examination of the students - Held that there was no dereliction of duty on his part and he had taken active steps to have the examination held for the Institute - The allegation that proper food was not being provided..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque for insufficiency of funds - Factual dispute with regard to service of notice raised by Petitioner - Held that the question of facts as such cannot be gone into u/S.482 Cr.P.C. - To be decided during the course of trial - Petition liable..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 419, 420, 468, 471, 34 -- Quashing of FIR - Complaint against petitioner regarding fabrication of the will dismissed by Judicial Magistrate First Class - No fresh material available with the complainant after the dismissal of the compliant - Complainant misused the process of law - Facts stated in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 506 -- Quashing of FIR - Absence of adequate material against the petitioner - FIR quashed...........
Indian Penal Code, 1860, Section 406, 420, 34, Criminal Procedure Code, 1973, Section 482 -- Finance company inviting public to invest their money in company and subsequently cheating depositors by not paying interest and not refunding deposits - All Directors of company, having enjoyed fruits of cheating, cannot be permitted to plead that they were not concerned with..........
Insecticides Act, 1968, Section 24(4) -- Quashing of complaint - Samples of insecticide found misbranded - Second part sent for Re-testing to Central Insecticides Laboratory found as per prescribed specifications - Held that the continuation of the criminal complaint and all subsequent proceedings taken thereon would amount to be an abuse of the process of law and are..........
