Criminal Procedure Code, 1973, Section 482, 437(2) -- Petition u/s 482 Cr.P.C - Maintainability - Order of re-arrest of accused u/s 437(2) Cr.P.C - Order passed is a final order and revision can be filed u/s 397 Cr.P.C against such order - Since decision arrived by Magistrate qua said order is purely question of law, petition filed u/s 482 Cr.P.C is maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(3), 482 -- Dishonour of cheque - Second revision - By the same party is expressly barred - Petition u/s 482 Cr.P.C. is nothing but a second revision - A person cannot be permitted to do indirectly what he cannot do directly...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Second complaint on same subject matter - Complaint u/ss 420, 406, 506, 120-B IPC - Two complaints filed on the same subject matter - In the second complaint pendency of first complaint not disclosed - Prima facie it amounts to abuse of process of Court - However, CJM sent..........
Criminal Procedure Code, 1973, Section 482, 397(3) -- Quashing of order - Order taking cognizance of offences and starting evidence of petitioner passed by Magistrate - Petitioner challenged the order by way of revision petition before Court of Session - After dismissal of the same, petitioner challenged the correctness, legality and propriety of said u/s 482 Cr.P.C. -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, 397(3) -- Dishonour of cheque - Petition u/s 482 Cr.P.C - Petitioner already availed remedy of revision - She cannot be permitted to take recourse to S.482 Cr.P.C - Petition dismissed...........
Criminal Procedure Code, 1973, Section 125, 397, 482 -- Revision - Order rejecting or allowing an application for maintenance u/s 125 Cr.P.C is not an interlocutory order which adjudicates rights of parties to some extent - Revision against said order is maintainable u/s 397 Cr.P.C - Application u/s 482 Cr.P.C against such order thus, not maintainable, as powers of High..........
Criminal Procedure Code, 1973, Section 125, 401, 482 -- Maintenance - Revision - Order enhancing maintenance u/s 125 Cr.P.C. - Earlier petition u/s 482 Cr.P.C against such order was filed by husband which was dismissed as withdrawn on the ground that there was a possibility of amicable settlement between parties - Whereas, present revision u/s 401 Cr.P.C. filed by husband..........
Criminal Procedure Code, 1973, Section 397(3), 482 -- Dismissal of revision - There is no bar u/s 397(3) Cr.P.C. to exercise inherent jurisdiction u/s 482 Cr.P.C even if criminal revision is dismissed...........
Criminal Procedure Code, 1973, Section 397(2), 482 -- Second revision petition - Barred u/s 397(2) Cr.P.C. - Petition u/s 482 Cr.P.C can be entertained only in exceptional and rare cases only if High Court is satisfied that continuation of trial would result in gross abuse of process of law thereby resulting in miscarriage of justice...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings under Act of 2005 - Suppression of previous litigations in quashing petition - Plea that relief claimed in quashing proceedings is different from the relief that has been claimed in the revision proceedings - Contention rejected, as..........
