Criminal Procedure Code, 1973, Section 482 -- read with Article 227 of the Constitution of India - Insecticide Act, 1968, Sections 3(K)(i), 17, 18, 29 and 33 - Insecticide Rules, 1971 - Rules 10, 16, 18, 19 and 36 - Sample - Complaint - Petition for quashing - The State raising a moot point of fact by urging that it is a matter yet to be decided by evidence that whether..........
Criminal Procedure Code, 1973, Section 482 - - FIR - Petition for quashing - FIR under Section 406/498A - Territorial jurisdiction - FIR, registered at Amabala - Offences committed in complainant's matrimonial home at Hansi District Hissar - Plea that Ambala Court has not jurisdiction to try these offences - Held that when the complainant is residing at Ambala in her..........
Criminal Procedure Code, 1973, Section 145, 482 -- Quashing of proceedings - No parallel proceedings can be initiated by the police and the Magistrate when such a dispute is already pending before the Civil Court so far as & the possession and ownership of the disputed land is concerned...........
Criminal Procedure Code, 1973, Section 482 -- read with Article 227 of the Constitution of India - Complaint - Petition for quashing - Complaint u/Ss.499/500/107 IPC - The order passed by the Magistrate summoning any person as an accused no doubt is a conviction in nature and it is for the accused to convince that Magistrate that the said order can be recalled and that the..........
Criminal Procedure Code, 1973, Section 482 -- Summoning orders - Petition for quashing - Complaint under sections 494/107 IPC - Held that instigation is a positive act There has to be some encouragement or incitement to do the act. The evidence on the record only indicates that petitioners participated in the marriage of `B' with the other persons. There is no overt act of..........
Criminal Procedure Code, 1973, Section 482 -- Complaint - Summoning order u/S.406 IPC - Petition for quashing - It is settled law that the High Court should not reassess or reweigh the evidence adduced by the complainant in support of the complaint or consider fresh material or defence put forth by the petitioner accused to annihilate the prosecution at the very inception...........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Section 500 - Complaint - Summoning order - Petition for quashing - At the initial stage, the submissions which are facts in dispute cannot be looked into. The High Court will not embark on a detailed enquiry at the initial stage. The reason being that at the initial stage, the Court has simply to see if there..........
Criminal Procedure Code,1973 -- Sections 311 and 482 - Petition for quashing - Application under Section 311 CrPC filed by complainant for placing on record and proving certain document - Dismissed by order of Additional Chief Judicial Magistrate - Petition for quashing the said order - Held that the lacunas of the Criminal case cannot be allowed to be filled under the..........
Criminal Procedure Code, 1973, Section 482, 397 -- Proceedings under Section 133 CrPC - Petition for quashing-Inherent powers - Second revision - Held that it is true that sub section (3) of Section 397 CrPC will not govern Section 482 of the Code. Section 482 saves the inherent powers of the High Court. But the said inherent powers of the High Court have only to be..........
Criminal Procedure Code, 1973, Section 482 -- Proceeding under Section 133 CrPC - Procedure under Section 138 not followed - Petition for quashing - Held there is no controversy that ordinarily an opportunity must be given to produce the evidence. But if at the appropriate time it is not claimed and the order is allowed to become final, then it cannot be termed that the..........
