Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 34 -- Exercise of inherent powers - Quashing of charges - Validity - While quashing charge framed u/s 304/34 IPC approach of High Court to the case as if it was evaluating medical evidence for purpose of determining question whether charge framed against accused persons was likely to succeed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Concealment of facts - Petition for quashing the complaint - Further proceedings in the trial Court stayed - Concealment of facts that only judgment was to be pronounced by the trail Court - If full facts have been brought to the notice of Court earlier, the Court may not have used..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Allegations in complaint that goods entrusted with transporter for transportation not delivered at destination and consignment withheld - Allegation of breach of trust and forgery - Petition for anticipatory bail dismissed - Petition to quash complaint with plea that goods were withheld in exercise of..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Rape - Charge u/s 376 IPC and S.3 SC & ST Act - Magistrate committing case to Sessions Court who was also Special Court - Special Court framing charge under S.376 IPC alone and convicting for that offence - High Court holding Special Court had no..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 34 -- Forgery - Common intention - Quashing of summoning order - Validity - Complaint specifically alleged that all three accused had in a sense together forged document which was presented in Court - Held, High Court not justified in quashing order summoning accused Nos. 1 and 3 - Impugned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of cognizance sought on the ground that no notice was served - Materials available not sufficient to prove the plea - In absence of evidence, it is difficult to take a decision as to whether the petitioner avoided to receive the notice or not, or as to whether the complaint has been filed..........
Criminal Procedure Code, 1973, Section 397(2), 197 -- Revision - Sanction u/s 197 not obtained - Discharge sought on this ground - Trial Court dismissing petition holding issue would be decided after evidence - Revision against - Revisional Court quashing complaint - High Court holding revision could not have been entertained as order is interlocutory - Not correct - If..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3, Constitution of India, 1950, Article 22(5) -- Detention order - Quashing - On receipt of representation, Joint Secretary of department called for comments of sponsoring authority immediately and on receipt of the same forwarded to higher authority which was dealt with by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Cheating - Criminal proceedings - Quashing of - Pendency of civil suit for specific performance - Held, no ground to quash criminal proceedings, particularly, when Magistrate was of opinion that there exists sufficient material to proceed with criminal case...........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Quashing of complaint - Validity - Complaint discloses commission of an offence - Ingredients of offences u/ss 415, 418 and 420 cannot be said to be totally absent on basis of allegations in complaint - Whether or not allegations in complaint are otherwise correct has to be decided on basis of evidence to be..........
