Criminal Procedure Code, 1973, Section 482 -- Complaint filed by appellant, alleging that he had been kidnapped, illegally detained, terrorized and threatened by respondents - Investigation concluded and respondents charge-sheeted only for offences u/ss 323 and 343 of IPC - Application for pleading guilty filed by respondents - Trial Court proceeded in great haste and..........
Criminal Procedure Code, 1973, Section 482, 300 -- Offence u/ss 366, 302 & 34 IPC - Petitioner No.3 already been tried and convicted under the alleged offences - Subsequently on basis of complaint case for self-same occurrence his trial would amount to double jeopardy - So far as petitioner Nos.1 and 2 are concerned, since there is no prima facie material available on..........
Criminal Procedure Code, 1973, Section 438, 482 -- Inherent powers - Exercise of - Petitioner sought to expunge word `absconder' from charge-sheet - He was charged u/ss 381, 411 IPC for stealing away some valuable articles from godown of informant - Petitioner was under protective umbrella of S.438 by getting anticipatory bail - Non-communication of order granting bail to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Offence u/ss. 419, 468, 471 & 34 IPC - Order taking cognizance - Advocate-petitioner obtained bail order for an accused from Sessions Court and bail bond was presented before Magistrate - Surety impersonated himself in bail bond which was accepted and accused was released - No allegations that petitioner had..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 304A -- Quashing of FIR - Rash & negligent driving - Compromise - Deceased was aged about seventy years and suddenly came in front of car of petitioner and there was no rashness or negligence on his part - Respondent Nos.2 & 3 are the only surviving legal heirs of deceased and confirm the..........
Prevention of Corruption Act, 1988, Section 13(2), (1)(e), Indian Penal Code, 1860, Section 109, Criminal Procedure Code, 1973, Section 482, Orissa Special Courts Act, 2007, Section 7 - - Disproportionate assets - Quashing of proceedings - Charge-sheet submitted against accused persons u/s.13(2) and S.13(1)(e) of 1988 Act and S.109 IPC - Sanction for prosecution already..........
Indian Penal Code, 1860, Section 494, 109, 114, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Bigamy - If first legal subsisting marriage is not proved in competent court of law than no offence U/S.494 IPC is committed by second wife - Held, no criminal proceedings can be initiated as first marriage is not proved - Complaint qua summoning order..........
Indian Penal Code, 1860, Section 366A, 363, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping - Petitioner herself pleaded that no case is made out against accused as she being major had gone in company of accused with her own volition - Accused cannot be said to have committed the offence u/ss. 366A & 363 - Whole criminal case against accused..........
Criminal Procedure Code, 1973, Section 300(1), 482 -- Quashing of proceedings - Double jeopardy - Initiation of two separate proceedings in respect of same transaction i.e. one u/s.138 of NI Act and also u/ss 420, 408 of IPC against same person - Held, it does not amount to double jeopardy since ingredients of both offence are different though they arise out of same..........
Indian Penal Code, 1860, Section 307, 323, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Hurt - Quashing of charge-sheet - No reason why victim would not name applicants in FIR regarding incident of attempt to murder her if they were present at that time - Subsequent statements of opposite party No.2 and other witnesses given to second investigating..........
