Indian Penal Code, 1860, Section 420, 406, 419, 167, 468, 379, 465, 475, 120B, 114, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 NI Act - FIR two years thereafter alleging same cheque misplaced and fraudulent use thereof - Instead of quashing FIR the same transferred to Court where proceedings of complaint u/s 138 NI Act is..........
Electricity supply -- Quashing of Circulars - Circulars were issued by Maharashtra State Electricity Distribution Company Limited (MSEDCL) - Commission was not in existence at the time when certain circulars were issued - Circulars therefore, cannot be quashed on the ground that State Electricity Board has no power to issue them without approval of Commission - Order..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25, 27 -- Quashing of FIR - Offence u/ss 25, 27 of Arms Act - Prima facie it reflects that 32 bore pistol seized from possession of A-1 along with three live cartridge - Strong case found against A-1 and he received pistol from his friend A-2 and on basis of that statement A-2 was inducted as accused -..........
Indian Penal Code, 1860, Section 307, 498A, 323, 324, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offence u/ss 307, 498-A, 323, 324 IPC - Injuries sustained in almost every part of body that too by blunt object and sharp edged weapon - Compounding of such heinous offence will be against ends of justice and it will be detriment to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court in exercise of inherent power u/s 482 Cr.P.C is not expected to embark upon factual matrix because same is to be gone into during course of trial by trial Court...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - From a bare perusal of FIR, it appears that it is a civil dispute relating to agreement to sell, which is given colour of criminal litigation - FIR quashed...........
Punjab Home Guards Rules, 1963, Rule 27 -- Dismissal from service - Quashing of impugned order - Nature of appointment and status of Home Guards Volunteer is not a civil service as it could not be considered to be permanent, temporary, ad hoc or daily wages employee - Service is a volunteer service - But services are governed by provisions of Punjab Home Guards Act, 1947..........
Punjab Home Guards Rules, 1963, Rule 27 -- Dismissal from service - Quashing of impugned order - It is admitted that no show cause notice or personal hearing has been given to petitioner as required by rules - It is also admitted that action taken against him was for misconduct i.e. registration of FIR against him under Punjab Excise Act and for his absence from duty,..........
Punjab Home Guards Rules, 1963, Rule 27 -- Dismissal from service - Quashing of impugned order - Contention of respondent is that there is delay on part of petitioner in approaching firstly to respondents and thereafter, this Court - It cannot be accepted as, petitioner has acted as a normal reasonable person would have in given facts and circumstances - Impugned order is..........
Criminal Procedure Code, 1973, Section 482, 133 -- Quashing of conditional order passed u/s 133 Cr.P.C - When District Magistrate has no authority to issue such a conditional order, conditional order itself can be interfered by High Court invoking powers u/s 482 Cr.P.C - Conditional order quashed...........
