Criminal Procedure Code, 1973, Section 482 -- Quashing of final report - Observations in the nature of findings - Not a correct approach - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Quashing of FIR - Rape - Prosecutrix aged 17 years and 10 months lodged a computerized complaint in police station - Court after looking into the physical and mental development of an adolescent of that age group,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court is not to conduct a mini trial in the proceedings u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 506, 149, 148, 147 -- Quashing of complaint - Offence u/ss 323, 324, 506, 149, 148, 147 IPC - Trial Court relying upon statements of complainant and three witnesses produced by complainant formed opinion that there are sufficient grounds to proceed against accused - No such opinion was..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership Firm - Cheque was signed by petitioner as an authorized signatory of partnership firm - Petitioner is vicariously liable though subject to trial - Petition for quashing dismissed...........
Maharashtra Control of Organised Crime Act, 1999, Section 22, 23(1)(a) -- Conviction - Quashing of criminal proceedings - It would be clear from the provisions contained in clauses (a) and (b) of sub-sections (1) and (2) of Section 22 of the MCOC Act, enable the Special Court to mandatorily presume that the accused has committed an offence of organized crime if it is..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - When charge sheet has not been filed, it would not be proper to quash proceedings invoking provision of S.482 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of FIR - Specific overt acts are alleged against all the accused - Investigation is yet to be completed by police - Defence of accused thus, cannot be considered in present petition for quashing..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Absconding accused - No universal rule that in each and every case of acquittal of co-accused, case against an absconding accused has to be quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Absconding accused - No universal rule that in each and every case of acquittal of co-accused, case against an absconding accused has to be quashed...........