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..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While examining any FIR High Court exercising its power u/s 482 Cr.P.C. cannot go embarking upon genuineness of allegations made - High Court must only consider whether there exists any sufficient material to proceed against accused or not and must not be concerned with reliability, sufficiency or..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - When a factual foundation for prosecution exists, criminal law cannot be short-circuited by invoking inherent jurisdiction u/s 482 Cr.P.C. - Where allegations require adjudication on evidence, proper course is to permit trial to proceed in accordance with law...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Issues relating to state of mind of executants at the time of execution of settlement deeds, role of respondent Nos.1 to 3 in execution and use of settlement deeds, existence of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Adjudication of forgery, cheating or use of forged documents in relation to a settlement deed will always carry a civil element - Therefore, there cannot be any general proposition..........
Criminal Procedure Code, 1973, Section 229 -- Plea of guilty - When a accused pleads guilty before a Court then before accepting such plea, following essential requirements must be followed to ensure that plea is valid i.e (i) first requirement is voluntariness; (ii) accused must fully understand nature of charges and essential elements of offence they are admitting to and..........
Criminal Procedure Code, 1973, Section 446 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.491) - Forfeiture of bail bond - When bail bond was forfeited due to non-appearance of accused before Court, sureties have no option to produce accused and wriggle out from liability of paying penalty...........
Criminal Procedure Code, 1973, Section 446 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.491) - Forfeiture of bail bond - When bail bond was forfeited, sureties are bound to pay bond amount as penalty - Sureties cannot escape from liability of paying by subsequent production of accused and they are bound to pay bond amount, though Courts have power to show leniency in..........
Criminal Procedure Code, 1973, Section 362 -- Review - Once judgment or order is signed, no alteration or review of same is permissible except to correct a clerical or arithmetical error...........
Criminal Procedure Code, 1973, Section 362 -- Review - Order granting bail - Order granting bail reversed - There was no clerical or arithmetical error which had crept in - Impugned order set aside...........
