Criminal Procedure Code, 1973, Section 4, 5 -- Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - Criminal Complaint - Petition for quashing - Within the purview of Section 5 Cr.P.C. the Special Judge could not take cognizance of the matter under Section 3(1)(X) of the Act directly because there is no enabling special provision..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - Complainant Government servant - Filed complaint with police alleging beaten by the petitioner - FIR registered under sections 353, 332 and 186 IPC - Court took cognizance and charge framed - Petitioner's plea that Section 195 of the Code of Criminal Procedure bars the Court from taking cognizance of any..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 120B, 409, Companies Act, 1956, Section 77 -- Complaint that respondents entered into a conspiracy to commit criminal breach in relation to funds of company - Allegations in complaint do not constitute an offence under S.120-B and 409 IPC - It would be unjust to allow proceedings in criminal..........
Criminal Procedure Code, 1973, Section 482 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 - Drugs and Cosmetics Act, 1940 - FIR - Petition for quashing - None of drugs seized falls within the mischief of "Narcotic Drugs" and "Psychotropic Substance" as defined in the Act - But they are "Drugs" or "medicines" as defined in the Drugs and Cosmetics Act -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Proceedings before trial Court can be quashed only under compelling circumstances or exigencies which are formidable...........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - FIR u/S.406, 494, 495, 496 and 498A IPC - Chargesheet filed in the Court - Held that in view of the legal bar imposed by section 198(1) Cr.P.C. the trial court cannot be permitted to proceed with the case with reference to the offences under Sections 494, 495 and 496 I.P.C. on the basis of F.I.R...........
Criminal Procedure Code, 1973, Section 468, 482 -- Petition for quashing - Limitation - FIR registered under section 7 read with section 10 of the Haryana Regulation of Urban Area Act on 29.12.1995 - Alleged sales on the ground of which FIR registered are between 11.06.1992 to 30.06.1992 - Held that the FIR registered on 27.12.1995 is beyond three years and in these..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Under sections 21/61/85 of N.D.P.S. - Petitioner licence holder to sell, stock or exhibit or offer for sale drugs- Caught by police for holding 47 boxes of LOMOTIL tablets numbering 47,000 and other such drugs - The action of police in transgressing powers and arresting innocent person deprecated - FIR and..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - Of the FIR registered under Sections 419, 420, 467, 468, 471, 120B and 506 I.P.C.- Delay -In lodging FIR - Investigation of the case of forgery cannot be stalled simply because there was some delay in reporting the matter to the police...........
Criminal Procedure Code, 1973, Section 482 -- Constitution of India, 1950, Articles 226/227 - Quashing - The High Court while exercising the inherent powers under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India is not competent to quash the proceedings where the investigation is complete and the challan has been filed..........
