Criminal Procedure Code, 1973, Section 319, 299, 482 -- Summoning as additional accused - Quashing of order - Petition for - Summoning order not based primarily on the statements of `P' and `H' recorded in court but mainly on the basis of police statements recorded during the course of investigation - Excluding the statements of `P' and `H' recorded in proceedings under..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 417, 420 -- Offence of cheating - Failure of complainant to get any interim or final relief in Consumer Redressal Forum and Civil Court - Not a ground to quash the complaint - Scope and jurisdiction us/ 190 read with S.204 Cr.P.C. is distinctly different than that of a civil remedy - Prayer for..........
Criminal Procedure Code, 1973, Section 482, 311 -- Summoning of witnesses - Right to speedy trial - Quashing of proceedings - FIR registered in October, 1989 against the petitioner and his co-accused and charged framed in August, 1990 - Till April, 1997 not a single witness was produced by the prosecution to depose against the petitioner even though the accused remained..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Quashing of complaint - Complaint by wife alleging that the husband and all the family members used to taunt her for insufficiency of dowry and subjected her to beating on 3-4 occasions - No specific date, month or year specified - Implication of all the family members of the husband..........
Criminal Procedure Code, 1973, Section 482 -- Inherent Jurisdiction - Extraordinary jurisdiction u/S.482 of the Code vested primarily to prevent abuse of the process of the Court or otherwise to secure the ends of justice - Where after reading the complaint as whole allegations made therein at their face value do not constitute the offence for which cognizance was taken by..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - FIR lodged by the petitioner that his car has been stolen - Another FIR u/Ss.420 and 406 has been lodged by respondent No.2 owner of the car for the same car against the petitioner relating the offence of misappropriation and cheating - Plea of the petitioner..........
Negotiable Instruments Act, 1881, Section 138(b)(c), 142(b) -- Dishonour of cheques - Quashing of complaint - Demand notice u/S.138(b) given after 40 days thereby causing a delay of 25 days - Complaint filed after 77 days from the date of issue of demand notice - Complaint hopelessly time barred - Complaint liable to be quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of FIR - Forgery of will which was scribed by the petitioner in the ordinary course of his business - Statement of PWs during the course of investigation confined the accusation against `G' alone and they do not bring the petitioner in the net - The FIR and..........
Insecticides Act, 1968, Section 3(1)(k)(i), 29(1)(a), 17(1)(a) -- Quashing of complaint - Sample found sub-standard - The petitioners sought reanalysis of the sample yet they failed to deposit the requisite fee - Cannot seek quashment of the criminal complaint on the ground that despite seeking reanalysis sample was not sent to the Central Insecticide Laboratory...........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing of - High Court entitled to only examine the allegations made in FIR and not entitled to appreciate by way of shifting the materials collected in course of investigation including the statement recorded u/s 161 of the Code of Criminal Procedure...........
