Prevention of Food Adulteration Act, 1954, Section 2(v), 13(2), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Non-compliance of S.13(2) of the Act - Delay in filing of complaint - It is evident from record that Food Inspector collected samples and sent them to Public Analyst on 7.05.2008, and Analyst`s report dated 16.06.2008 was received by him..........
Service -- Departmental proceedings and criminal proceedings - Are two separate proceedings in law - Where enquiry held in departmental proceedings independently of criminal proceedings, acquittal in criminal Court is of no avail and departmental proceedings can still be held, as standard of proof required in domestic enquiry and that in criminal case are altogether..........
Criminal Procedure Code, 1973, Section 482, Electricity Act, 2003, Section 135 -- Theft of electricity - Quashing of proceedings - Plea that Junior Engineer is not competent to file complaint/FIR - However, as per Bihar Electricity Regulatory Commission, Junior Electrical Engineer is authorised to disconnect supply line of electricity as well as lodge complaint in police..........
Criminal Procedure Code, 1973, Section 190, 482, 468 -- Delay in taking cognizance - Not a ground to quash proceedings, even after expiry of period of limitation...........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C. - Encroachment of Municipal Board's Land - Executive Officer (Municipality) cannot have taken recourse of proceedings u/ss 145, 146 Cr.P.C. against a private individual - If at all the individual concerned were causing public nuisance, recourse was to be taken of proceedings u/s 133..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 192, 193, 194, 199, 211 -- Quashing of proceedings - Offence u/ss 192, 193, 194, 199, 211 IPC - In the instant case, Court convicted son and acquitted wife for murder of deceased - Aggrieved by decision sister of deceased fabricated false evidence against wife of deceased to deceive her - Sister..........
Indian Penal Code, 1860, Section 307, 504, 506 -- Attempt to murder - Compromise - Parties closely related to each other - Moreover, gunshot injury sustained by victim is on his no, vital part of body, which does not fall in the category of either attempt to murder or of heinous crime - Criminal prosecution against accused in such circumstances would be exercise in..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Dishonour of cheque - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the given address, hence, no, appearance of petitioner held,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegations in FIR or complaint, if are accepted in their entirety, and are taken at the face value, do not prima facie constitute any offence or make out a case against the accused, or where allegations made are so absurd and inherently improbable on the basis of which no prudent person can ever reach..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Admitted facts and documents relied upon by complainant, without weighing or sifting of evidence, do not make out any case against appellant & hence criminal proceedings instituted against him are liable to be quashed...........
