Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35(1), 35(3) -- Notice of appearance before police officer - Scope - S.35(3) BNSS notice is confined to cognizable offences punishable with imprisonment less than seven years or which may extend to seven years and does not apply to offences punishable with life imprisonment - Police officer and SDJM erred in invoking..........
Criminal Procedure Code, 1973, Section 482 -- Mere existence of a civil remedy does not bar initiation of criminal proceedings where allegations prima facie disclose commission of a cognizable offence...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Civil dispute and criminal process - Mere existence of a civil remedy does not by itself bar criminal proceedings where allegations prima facie disclose commission of a cognizable offence - Quashing order directing investigation on the ground that dispute appeared to be civil in nature..........
Criminal Procedure Code, 1973, Section 482 -- Investigation not to be scuttled - Criminal investigation ought not to be scuttled at the threshold except where complaint ex facie does not disclose commission of any cognizable offence or where continuation of proceedings would amount to an abuse of process of law - If facts are hazy and investigation has just begun,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court must avoid usurping the function of a trial Court or conducting a mini-trial when disputed factual questions attend maintainability of a complaint - Only requirement is to examine whether uncontroverted allegations as contained in the FIR taken at their face value disclose the commission of..........
Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Allegations made in complaint and other material on record suggested that goods belonging to complainant have been removed from demise premises - Even, goods which were source of foul smell were removed from premises but other..........
Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Petitioner alleged that subject matter of FIR is also subject matter of arbitration proceedings in which compensation has been provided to respondent-3 for value of damaged goods - However, respondent-3 may have been granted..........
Indian Penal Code, 1860, Section 420, 468, 192, 471, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.420, 468, 192, 471 IPC - Quashing of FIR - No allegation in FIR discloses any inducement, much less fraudulent or dishonest inducement, on part of any person which has resulted in parting with property by respondent-3 - Even, allegation that notice prepared in..........
Criminal Procedure Code, 1973, Section 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.528) - Agreement to sell - Enquiry already held by police that no cognizable offence is made out - Another notice issued by police calling upon to join enquiry in another complaint with similar allegations - Dispute purely of civil nature and an enquiry has already been held -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If a FIR and materials collected in furtherance of which disclose a cognizable offence and final report filed u/ss 173(2), 173(8) Cr.P.C depending on whether further investigation was conducted, reveals that ingredients to constitute the offence as alleged are prima facie made out against accused, then..........
