Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Criminal Proceedings - Quashing of - Held, power of quashing criminal proceedings has to be exercised very sparingly and with circumspection and that too in rarest of rare cases and court cannot be justified in embarking upon an enquiry as to reliability or genuineness or otherwise of allegations made in FIR..........
Criminal Procedure Code, 1973, Section 482 -- Expedite investigation - Petition for direction to police - Held, petitioner can approach higher police authorities...........
Criminal Procedure Code, 1973, Section 362, 482 -- Bar of review u/s 362 of the Code - Petition filed u/s 362 Cr.P.C. for review of order and to quash the proceedings in the trial - Held, restriction against the use of review power or reviewing judgments or altering as embodied u/s 362 of the Code is applicable not only to Courts subordinate to the High Court but to the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Petitioner arrayed as a party on account of some misunderstanding - Complainant having no objection if complaint against petitioner is quashed - Complaint qua petitioner quashed...........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 406, 498A - Framing of charge - Quashing of order - Application filed by brothers, their wives and sisters of husband of complainant - Accused persons have been allegedly torturing complainant for car in dowry and by calling her `baanjh' for not giving child - As per..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Successive petitions - New ground taken in present quash petition could not have been taken in earlier two quash petitions - Held, present quash petition should be deemed to have been filed on a fresh cause of action which was not available to petitioner earlier - Preliminary objection rejected...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227 -- Inherent powers - When in view of this Court impugned order would cause a grave miscarriage of justice, this Court is not powerless in exercise of its power u/s 482 Cr.P.C or Art.227 of Constitution to interfere...........
Criminal Procedure Code, 1973, Section 451, 482 -- Release of vehicle - Owner of vehicle not himself involved in offence - Vehicle lying at police station in open - No other claimant - Vehicle ordered to be released to petitioner on furnishing bond...........
Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Juvenile - As soon as claim of juvenility is made before any court it should according to the provisions of S.7-A of the Act, determine age of juvenile and should forward him to Board for passing appropriate order - If petition for bail was rejected by Board, appeal should have been filed before Sessions Judge and..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Order for garments - Buyer refused to accept the goods on the premise that the same were defective and substandard - No allegation made in FIR that any misrepresentation was made at the time of formation of contract - Held, that it was a case of civil liability - FIR quashed...........