Criminal case -- Quashing of complaint during during pendency of civil suit - Criminal cases have to be proceeded with in accordance with the procedure as prescribed under the Code of Criminal Procedure and the pendency of a civil action in a different court even though higher in status and authority, cannot be made a basis for quashing of the proceedings...........
Criminal trial -- Pendency of civil suit - Criminal proceedings cannot be stayed - If mere pendency of a suit is made a ground for quashing the criminal proceedings, the unscrupulous litigants, apprehending criminal action against them would be encouraged to frustrate the course of justice and law by filing suits with respect to the documents intended to be used against..........
Criminal Procedure Code, 1973, Section 190, 319, 482 -- Penal Code, 1860, Ss.447, 448 & 149 - Quashing of Summoning Order - Summoning of additional accused - Plea that trial Court has no power to add the accused after recording part of the statement of the accused repelled - Held that the trial Court can add the accused before recording the evidence, if from the evidence..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of sole defendant/respondent during pendency of first appeal - L.R's not brought on record - In ignorance of death appeal disposed of - Order is a nullity - Question of quashing of such null order in second appeal, does not arise - It is open to party to take appropriate steps before the lower Appellate Court where the..........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Sections 120B/420/471/468 - Quashing of complaint - Disputed questions of fact - Allegation against the petitioner who is a Chartered Accountant that he issued a certificate showing fake inflated export figures without verifying the books of accounts - The co-accused have admitted their guilt that they have..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Quashing of complaint - Plea that no notice was given to the petitioner as required under Section 138 proviso (b) and Special Power of Attorney was not authorized by the proprietor of the firm to institute complaint against him as he was sleeping Director repelled - The..........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Sections 420/421 - Quashing of FIR - FIR by complainant alleging that agreement was executed by the mother of the accused petitioner with him giving him right to sell 14 acres of land mortgaged with him in lieu of loan advanced - Petitioner on the basis of will executed in his favour got the land mutated in..........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Sections 498A/406 - Quashing of FIR - Allegation of harassment and demand of dowry against accused petitioners husband, father-in-law, mother-in-law, sister-in-law, brother-in-law and a neighbour of complainant - Only vague and general allegations had been levelled against brother-in-law and sister-in-law..........
Criminal Procedure Code, 1973, Section 156, 190, 200, 482 -- Complaint - Magistrate directed police to investigate and submit a report - Accused has no locus standi to seek quashing of the order at pre-summoning stage - An accused person does not come into the picture at all till process is issued...........
Prevention of Food Adulteration Act, 1954 -- Quashing of complaint - Sample - Haldi powder found to be adulterated on account of the existence of yellow unpermitted coaltar dye - Public Analyst applied the test of Paper Chromatography alone - Not a sure test - Complaint liable to be quashed...........
