Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - Complaint under Sections 29(1)(a)/17(1)(a) of the Insecticide Act, 1968 - Sample taken in sealed packing from the original pack - No allegation in the complaint that the dealer could know if they had exercised little care or diligence that the insecticide was misbranded - No allegation in the complaint..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing of complaint - Of offence under Section 409 - During investigation complainants filing affidavit before police that they have received money and compromised the matter - Held that the police in cognizable no, compoundable offence are duty bound to conduct the investigation according to law and file the..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing complaint under the Drugs and Cosmetics Act, 1940 - The complaint discloses a triable offence against the petitioners - The questions of fact cannot be agitated in the proceedings under Section 482, Cr.P.C. - In the case in hand it is yet to be decided as to who are the actual persons responsible for the..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - Offence under Section 120B I.P.C read with Section 7 of the Prevention of Corruption Act, 1988 - The petitioner not directly or remotely connected with conspiracy - He never made demand of bribe either directly or through co-accused - Co-accused made a wrong representation to the complainant that he had..........
Criminal Procedure Code, 1973, Section 177, 178, 482 -- Jurisdiction - Complaint under Sections 337/338 - Petition for quashing - Alleged offence committed at Panchkula - Complaint filed at Chandigarh - Learned Judicial Magistrate issued summoning order - Nothing proved from the record on file that the said offence was partly committed at Panchkula and partly at Chandigarh..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Under Section 8, 9, 13 and 14 of the Prevention of Corruption Act, 1988 and the report under section 173 of Cr.P.C - Petition for quashing - Petitioners have already been exonerated on the departmental side - No chargeable evidence collected in the departmental inquiry - Still they are prosecuted under charges of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing - Challan presented against the petitioners - Plea by state that the proceedings under section 482 Cr.P.C. cannot be allowed - Held this submission cannot be made universal rule - Ordinarily the High court should not invoke the provisions under Section 482 Cr.P.C. after the submission of the charge-sheet - However..........
Criminal Procedure Code, 1973, Section 482 -- Complaint - Summoning order - Petition for quashing - Held due to strong animosity/rancour between husband and wife, the wife felt induced to name all the family members as accused in the complaint under section 406 IPC - Unmarried sister-in-law and unmarried brother-in-law who are students dragged in out of illwil - It would..........
Criminal Procedure Code, 1973, Section 482 -- Complaint - Summoning order - Petition for quashing - Held while deciding petition under section 482 Cr.P.C, jurisdiction of the High Court should be exercised sparingly with due care and caution - Not to scuttle the prosecution at its inception - The High Court cannot appreciate the evidence and quash the order of cognizance..........
Criminal Procedure Code, 1973, Section 145, 482 -- Quashing of proceedings - Proceedings under Section 145 of Cr.P.C. adjourned sine die by SDM on 24.03.1995 - There was order of status quo regarding possession - For the same land between same parties SHO presented another Kalender on 09.04.1995 - The very same SDM passing order attaching land on 04.05.1995 - Held the..........
