Criminal Procedure Code, 1973, Section 156(3), 397, 482 -- Registration of FIR - Order of Magistrate - Challenge thereto - Held, accused has no right to challenge an order passed u/s 156(3) Cr.P.C. at pre-cognizance stage by a Magistrate and no revision lay against such an order at the instance of accused u/s 397(1) Cr.P.C. being barred by S.397(2) Cr.P.C. nor at his..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Petition to quash order of cognizance - Concurrent findings of fact of two Courts below not open to interference - Accused to produce relevant documents in support of his evidence...........
Criminal Procedure Code, 1973, Section 320, 482 -- Compounding of offence - Inherent powers - Exercise of - Held, S.320(9) Cr.P.C. provides that no offence shall be compounded except as provided by that Section - Therefore, High court in exercise of its inherent powers u/s 482 Cr.P.C. cannot pass an order which has been specifically prohibited under the Code of Criminal..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B -- Criminal complaint - Quashing of issuance of summons - Offence u/ss 420, 120-B IPC - Allegations regarding non-repayment of loan amount by petitioner - As per evidence on record, act alleged against petitioner not prima facie satisfy ingredients constituting offences - Order of..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death due to rash and negligent act - Complaint - Quashing thereof - Final report was accepted and protest petition was rejected by Magistrate - Sessions Court directed further investigation - Legality of - Held, parties have compromised and complainant categorically submitted that she..........
Punjab Panchayati Raj Act, 1994, Section 13A, Punjab Panchayat Election Rules, 1994, Rule 45(2), Criminal Procedure Code, 1973, Section 482 -- Election of Sarpanch - Power of High Court - High Court can quash proceedings even when remedy is available under Panchayati Raj Act and Rules...........
Indian Penal Code, 1860, Section 406, 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 320, 482 -- Offence u/ss 406, 498-A, 504, 506 IPC and Ss.3, 4 Dowry Act - Both the parties compromised the matter and settled their dispute - Both obtained divorce by mutual consent - Both the parties decided to live separately -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Proceedings cannot be quashed merely for the reason that arbitration proceedings are pending - There can be no bar to the simultaneous continuance of a criminal proceeding and a civil proceeding if the two arise from separate cause of action - Order of High..........
Criminal Procedure Code, 1973, Section 482, 190, 156, 200, 202 -- Inherent jurisdiction - On conjoint reading of provisions of Ss. 156, 190, 200 and 202 Cr.P.C., case which is exclusively triable by a Sessions Judge instituted on complaint, Magistrate is competent and empowered to pass an order for investigation by police even before taking cognizance of the offence -..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Sanction - High Court in exercise of its power u/s 482 Cr.P.C. is not to assess the sanction order as if it were sitting in appeal or revision for a sanction to be valid...........
