Criminal Procedure Code, 1973, Section 482, Drugs and Cosmetics Act, 1940, Section 18(c), Drugs and Cosmetics Rules, 1945, Rule 65(5)(1)(b) -- Quashing of a criminal complaint - Impugned substance is solely used for drug manufacture, even then, the Appellants would not be liable under the Drugs and Cosmetics Act, 1940 since the Appellants already have the necessary..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Perfunctory investigation cannot be a ground either to quash criminal proceedings or even to acquit accused...........
Indian Penal Code, 1860, Section 420, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute regarding execution of sale deed - Civil suit is pending between parties - Civil Court is therefore seized of the question as regards legality and validity of disputed sale deed - In such situation it will not be proper to permit..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Quashing of proceedings - Offending car was being driven at such high speed that it first dashed against footpath and then collided with a milk van coming from opposite direction and then overturned - Accused was driving the vehicle at utmost high speed inspite of having knowledge that such..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Specific averments in complaint regarding responsibility of both the accused in firm - There were sufficient grounds to proceed against accused at the stage and order was passed u/s 204 Cr.P.C - No interference warranted by exercising jurisdiction to quash the proceedings at..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order taking cognizance - Court filled the words `cognizance' and `personal' in blank space which suggest that there is non-application of judicial mind - Order taking cognizance , set aside - Matter remitted back to concerned Court to pass afresh order in accordance with law...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Disputed questions of fact arising in the case - Court cannot pre-conclude either guilt or innocence, without testing facts through trial - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Solemnization of second marriage by husband - Allegations against husband and relatives of husband - Quashing of proceedings - Statements of witnesses shows that all the accused had prima facie actively encouraged husband to perform second marriage, they themselves had arranged..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings u/s 498-A IPC - Proceedings cannot be quashed merely on the ground that Family Court in a proceeding u/s 125 Cr.P.C. has held that informant is not the wife of accused when FIR and statement of witnesses disclose about marriage which need to be established during..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of second complaint - Offence u/ss 499, 500 IPC - First complaint dismissed being barred by S.499 Fourth exception IPC - Revision filed thereagainst was withdrawn - This order cannot be construed to have permitted appellant to file a second complaint on identical set of facts - Second complaint rightly quashed...........
