Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Quashing of summoning order - Prima facie commission of alleged offence disclosed from the statements of witnesses - Reason for delayed recording of statements is also disclosed in the daily diary report - Evaluation of truth or falsity thereof, would be possible only after evidence is recorded - Impugned order..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Sufficient amount in the account maintained by drawer on the date of presentation of cheque - Business terms were admitted between parties - Cheque in question not encased on the ground of stop payment instruction given to concerned bank by drawer - Summoning order was passed on the basis..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of complaint - Complaint filed under the Act of 2005, can be quashed u/s 482 Cr.P.C. if no case is made out...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Quashing of complaint - Magistrate while summoning petitioners categorically recorded that there is prima facie material to issue process - Issue whether petitioners were Directors on the relevant date or not is a question of fact - Court at this stage is not inclined to go..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 50, Criminal Procedure Code, 1973, Section 227, 228 -- Contraband - Non-compliance of provisions of Ss.41, 42, 50 of Act - Said provisions whether compiled with or not is a question of fact involving appreciation of evidence - However, issue of no, compliance of Ss.41, 42 & 50 of Act cannot be a subject..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petition filed by Proclaimed offender - Maintainability - Court would not permit any proclaimed offender to invoke inherent jurisdiction of Court u/s 482 Cr.P.C for quashing of criminal proceeding - However, in exceptional circumstances where intention of complainant is mala fide right from day one,..........
Indian Penal Code, 1860, Section 498A, 406, 120B -- Offence u/ss 498-A, 406, 120-B IPC - Matrimonial dispute - Quashing of proceedings - Complaint lodged against husband, his family members including maternal grandfather of husband who is more than 80 years of age - Parties lived at Canada - No incident ever took place in India except their marriage - Complainant fully..........
Copyright Act, 1957, Section 63, 13, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Infringement of copyright and cheating - Quashing of complaint - Allegations of use of title `Desi Boys' of synopsis of story written by complainant for title of film by appellant - Said title cannot be considered to be literary work and no copyright is..........
Indian Penal Code, 1860, Section 323, 504, 506, 384 -- Offence u/ss 323, 504, 506, 384 IPC - Quashing of summoning order - Complainant caught red handed by applicants while copying in examination by using unfair means - He filed complaint against applicants and summoning order was passed against them - Neither in the summoning order there is discussion of evidence nor..........
Indian Penal Code, 1860, Section 494, 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Bigamy - Cruelty - Allegation against relatives of husband - Quashing of proceedings - Second marriage was performed by husband during subsistence of first marriage - No specific allegation against applicants No.2 to 4, except the fact that they co-operated in second..........
