Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363 -- Quashing of FIR - Kidnapping - Allegations in FIR that victim is minor stands established from material on record and FIR contain the ingredients of a cognizable offence - FIR cannot be quashed - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of order taking cognizance - Burden of proving that there is no existing debt or liability is on accused which he has to discharge during trial - Order taking cognizance against accused cannot be quashed when trial is at the initial stage - Accused would be free to take his defence with regard..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court can quash FIR even when charge sheet is filed during pendency of such petition...........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Quashing of FIR - Merely because a civil remedy may be available to complainant that itself not a ground to quash criminal proceeding - On a bare reading of FIR a cognizable offence is made out - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 354(A), Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of FIR - Rape case - Victim has not furnished any information in regard to date and time of commission of alleged offence - Investigation has been completed and charge sheet is ready to be filed - In..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Merely because accused had not filed the petition for quashing u/s 482 Cr.P.C or Arts.226, 32 of Constitution, it cannot be said that no application for bail at pre-trial stage could be entertained...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Cheating - Furnishing of fabricated documents to bank to get loan - Complaint discloses cognizable offence - Petition for quashing dismissed...........
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..........
