Indian Penal Code, 1860, Section 174A -- Offence u/s 174-A - Quashing of FIR - Petitioners not received the summons qua main case u/s 138 of N.I.Act - However, the moment petitioners knew about the same, they paid the cheque amount in question to complainant and they have been discharged in complaint u/s 138 of N.I. Act - Since in the main case petitioners have been..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366, 367, 120B -- Quashing of FIR - Minor girl underwent marriage with appellant against wishes of parents - Minor girl went with appellant voluntarily and there is no element of taking away or enticing a minor within the meaning of lawful guardianship which is an essential constituent for offence..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Declaring innocent person as proclaimed offenders (P.O) - Petitioner declared innocent by investigating agency itself - Held, conduct of investigating as well as prosecuting agency is highly deprecable, because innocent persons have been declared as proclaimed offenders, compromising with their fundamental..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13(Ga) -- Sanction for prosecution - Quashing of sanction - Writ petition - Maintainability - Petitioner questioning the correctness of sanctioning order has remedy of assailing the validity of such order before trial Court itself - Material forming basis of sanction order cannot be..........
Medical Education -- Application for grant of permission filed after date provided in schedule - Application rejected by MCI - Quashing of such order by High Court held, not proper...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Offence u/s 125 of Representation of People Act - Police found a prima facie case against accused and charge sheet submitted in Court - Whether charge ultimately can be substantiated or not, cannot be looked into at this stage as that would be a subject matter of trial - No interference..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Settlement between parties - Daughter of complainant committed suicide due to personal reasons - Dispute between parties due to some misunderstanding - Complainant executed affidavit-cum-undertaking that after enquiries she has come to know that..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Allegations in FIR clearly refer malafide intention on part of petitioner - Even, when he was fully aware that he has closed his account, then why he has issued cheque - Hence, mens rea was..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Extra-judicial confession of co-accused - Quashing of charge - Charges cannot be quashed merely because it has framed on the basis of extra-judicial confession of co-accused - At the stage of framing charges, Court need not to hold that evidence is of such nature which would be sufficient to lead conviction,..........
Constitution of India, 1950, Article 226 -- Appeal - Appellate Bench in an intra-court appeal arising from a petition u/Art.226 of Constitution quashed order of termination of contract - Challenge as to - Disputes relating to contracts cannot be agitated u/Art. 226 of Constitution and writ Court is not a proper forum to adjudicate upon such disputes - Appellate Bench..........
