Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - When allegations appear to be frivolous, vexatious and inherently improbable, High Court should not hesitate to quash FIR...........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 409, 419, 465, 468, 34, Karnataka Registration (Deed Writers Licence) Rules, 1979, Rule 2(i), 10 -- Quashing of FIR - Cheating and Forgery - Deed Writer - Merely because accused is a deed writer proceeding against him cannot be quashed as the offence of forgery and criminal breach of trust by..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 409, 419, 465, 468, 34, Karnataka Registration (Deed Writers Licence) Rules, 1979, Rule 2(i), 10 -- Quashing of FIR - Cheating and Forgery - Deed Writer - Photograph in agreement of sale is completely different even on prima face look - Signatures appears to be different in General Power of..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Vague allegations made against accused persons - Neither details about alleged cruelty given, nor date on which there was a meeting and when wife came to parental home has been stated - Statements of witnesses are copy paste and it appears..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Murder - Petitioners are additional accused who have been summoned u/s 358 BNSS - They are not required for the purpose of investigation and they intend to surrender and join the proceedings before trial Court - Petitioners do not intend to defy law and ready to face trial and their plea for..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Illegal gratification - Non-cooperation in investigation must be interpreted with precision and cannot be equated with the failure of accused to disclose information about his alleged accomplices or for facilitating the recovery of bribe money...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Word `Co-operation' involves joining investigation, providing truthful and relevant information, and assisting in uncovering facts within the knowledge of accused, but it does not extend to compelling self incrimination, extracting confessions, or using coercion...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Insisting on custodial interrogation solely for self incriminatory purposes is unconstitutional and sets a dangerous precedent...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Merely because petitioner had not provided information qua the involvement and role played by co-accused and had failed to get the bribe money recovered cannot be a ground to decline his prayer for anticipatory bail and order his custodial interrogation - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 320, 482 -- Compounding of offence - Offences under I.T Act - Inherent jurisdiction of Court u/s 482 Cr.P.C is forbidden as per Circular dated 17.10.2024 where the compounding of offence is permissible u/ss 276-B, 276-BB of I.T Act - Petitioner may resort to procedural remedy u/s 320 Cr.P.C and seek for compounding of offences...........
