Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Quashing of - Order of cognizance for offence u/ss 306, 120-B IPC - Impugned charge-sheet filed against petitioners without applying mind - Cognizance order passed by Magistrate without judging prima facie evidence available on record - Held, entire proceedings of case liable to be quashed...........
Suppression of a material fact -- Suppressing of fact of filing of petition u/s 482 Cr.P.C. for quashing of charge sheet, which stood rejected and said order attained finality as the same is not challenged any further - Held, it was necessary for petitioner to disclose such a relevant fact - Held, petition is liable to be dismissed only on this sole ground...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - From material on record and looking into facts of case it cannot be said that no offence is made out against applicant - All submissions made at bar relate to disputed questions of fact which cannot be adjudicated upon by High Court..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 21 -- Criminal proceedings - Quashing of - Delayed investigation - Matter involves siphoning of Rs.46,00,000/- of public funds - Number of accused and voluminous documents - Large number of witnesses put up by prosecution - Investigation was unduly prolonged for more than 9 years - However,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of charge-sheet - Allegations were made against winning candidate that date of birth mentioned in the nomination papers was wrong and thus, he cheated other candidates, who contested election as well as university's authorities - Contention of applicant that actual date of birth of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge-sheet - Accused alleged to have committed offences u/ss 107 and 306, IPC - Deceased employee was made to face intense insult and get scolded in front of other subordinates and as a result thereof committed suicide - Held, deceased was a degree holder engineer, a very qualified man and his social and mental..........
Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A and 406 of IPC - Matrimonial dispute - Quashing of charge-sheet and proceedings - Settlement arrived at between the parties and marriage stood dissolved by mutual consent - Entire settled amount has been received by wife - She is no more interested to pursue the matter - She has no objection if FIR is quashed..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge-sheet - Offence u/ss 392 & 412 IPC - All points raised are factual in nature and appreciation of the facts can legally be made after recording evidence of prosecution witnesses and that led by applicants - Held, High Court cannot adjudicate upon the matter which is factual in nature at this stage and..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - Entire material in charge sheet, even if proved up to the hilt, does not make out any involvement of petitioner `M' in alleged commission of offence and it cannot be said that material brought in charge sheet are sufficient to proceed against him and subject him to criminal trial - It is not..........
Criminal Procedure Code, 1973, Section 482, 177, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- -Territorial jurisdiction - Quashing of charge-sheet - Wife forced to leave matrimonial home and to live with parents at Dehradun - Demand of dowry continued on phone calls by the husband and father-i, law - Held, Court at..........
