Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court while refusing to quash criminal proceedings in exercise of powers u/s 482 Cr.P.C and/or u/art.226 of Constitution, cannot pass an order that accused shall not be arrested until submission of final report...........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Setting aside - If minor is able to demonstrate negligence of party, who litigated issue encompassing minor's interest, substantial representation of minor's interest is still open for challenge in view of O.32.R.3-A CPC - This ground is available to minor even if minor has been represented by a..........
Criminal Procedure Code, 1973, Section 173(6), Unlawful Activities (Prevention) Act, 1967, Section 44, National Investigation Agency Act, 2008, Section 17 -- Object of S.44 UAPA, S.17 NIA Act and S.173(6) Cr.P.C. is to safeguard witnesses - They are in the nature of statutory witness protection - On Court being satisfied that the disclosure of the address and name of..........
Criminal Procedure Code, 1973, Section 207, 173(6), Unlawful Activities (Prevention) Act, 1967, Section 44 -- Protected witnesses - Supply of copies of redacted statements of these protected witnesses - Trial Court passed the order permitting redaction of address and particulars of witnesses which could disclose their identities and other relevant paras in the statements..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court is to record its satisfaction to extent that evidence if goes unrebutted, would lead to conviction - Trial Court while allowing application u/s 319 Cr.P.C not discussed or recorded its satisfaction to that extent - Impugned order set aside - Matter remitted back to trial Court for fresh..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent powers u/s 482 Cr.P.C can be exercised to prevent abuse of process of Court or to give effect to any order under Cr.P.C or to secure the ends of justice...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Powers of High Court u/s 482 Cr.P.C though are wide and are in the nature of inherent power, yet said power cannot be exercised suo motu in a sweeping manner and beyond the contours of what is stipulated under said Section...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint by Company - When issue of proper authorization to file complaint on behalf of company and having knowledge of the transaction between parties can only be an issue of trial, petition u/s 482 Cr.P.C to quash order taking cognizance cannot be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 409, 120B -- Quashing of order - Cheating - Investigation of case by police is not held in a fair manner and still statements of complainant and witnesses have not been recorded by I.O - When complainant alleged that statements of complainant and witnesses have not been..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time to complete investigation granted without opportunity to accused to have his say - Order is illegal and unsustainable in the eye of law - Default bail granted...........
