Criminal Procedure Code, 1973, Section 451, 482 -- Vehicle - Order to release on furnishing bank guarantee - Petitioner not in a position to furnish bank guarantee - Order modified - Vehicle ordered to be released on furnishing personal bond with two sureties in the like amount...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 376, 506 -- Quashing of FIR - Compromise - Rape - Accused performed marriage with complainant which was the alleged promise made to her when they developed physical relationship about 10 years ago - They are leading a blissful married life - Grievance of complainant gets redressed..........
Criminal Procedure Code, 1973, Section 190, 482 -- Second complaint - Filed by very same complainant before the same Police Station, having direct effect on the first complaint and allegations forming part of main act and allegation levelled in the first complaint and steps alleged in the second complainant consequences of act alleged in the first FIR - Second complaint..........
Criminal Procedure Code, 1973, Section 482, 397 -- Second revision petition - Filed in the garb of S.482 Cr.P.C. - Second revision petition is barred u/s 397(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 21 -- Denial of speedy justice - Quashing of proceedings - Non-commencement of trial even after 29 years - Even, petitioner appeared when charge-sheet was submitted in 2011 - Moreover, petitioner is not responsible for delay in trial - Further, there is no direct accusation against petitioner..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Notice whether received by accused or not is a disputed question of fact which has to be decided as per evidence to be adduced by the parties during course of trial...........
Criminal Procedure Code, 1973, Section 482, 169 -- Quashing of proceedings - Closure report filed by police - Statements of witnesses which were recorded by police and report given by CSP does not appear to be correct as he has merely given a finding that in absence of any documentary evidence it cannot be said that respondent No.2 has paid the amount to applicant -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegations involve civil and criminal dispute - Said criminal proceedings cannot be quashed merely on ground that case is of civil in nature...........
Criminal Procedure Code, 1973, Section 482, 464, 218, 216, West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 11(j), 26 -- Quashing of proceedings - Framing of composite charge of offences - Defect in framing charge - If any, is an irregularity curable by trial Court on prayer of party or on his own motion and it is not an illegality which may vitiate..........
Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 120-B IPC - Illegal gratification for purpose of exchange of land - There is no evidence on record to show that petitioner has meeting with the Collector who passed the order or that present petitioner approached Collector to secure order in his favour..........