Criminal Procedure Code, 1973, Section 482 -- Inherent power of Court - Cannot be exercised for doing that which is specifically prohibited by the Code...........
Criminal Procedure Code, 1973, Section 482 -- Investigation - Transfer from State Police to CBI - Petition rejected by High Court - High Court cannot review and modify its order and transfer the investigation to CBI - There was no clerical or arithmetical error in the order - In case after passing of the order certain events have occurred, a fresh petition could be made..........
Indian Penal Code, 1860, Section 336, 308, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- FIR u/ss 336, 504 and 506 IPC - Magistrate on the basis of evidence collected by IO framed the charge u/ss 336, 308, 504, 506 & 34 IPC - X-ray report indicates there is depressed fracture of frontal bone of skull - According to supplementary medical examination report..........
Indian Penal Code, 1860, Section 420, 467, 471, Criminal Procedure Code, 1973, Section 320, 482 -- Offence of cheating is compoundable but not the offence of forgery, but High Court in exercise of its inherent powers can quash criminal proceedings as Section 320 Cr.P.C. does not limit or affect the power of High Court u/s 482 Cr.P.C...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 447, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3 of SCST Act and u/ss 447, 427, 506 IPC - Allegation that appellant abused complainant in the name of their caste - No allegation that appellant was not a member of SC & ST..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of complaint - Service of notice by registered post - Once notice is dispatched, complainant`s part is over, complying with conditions mentioned u/s.138(b) of the Act - Complaint cannot be quashed...........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Delay of 6 years in investigation - Not a ground to quash FIR - Accused whether has been deprived of fair trial on account of protracted investigation has to come on facts - Accused has also to establish that he had no role in the delay...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Delay of six years in filing charge sheet - Held, that no general proposition of law can be laid down that whenever there is delay on the part of investigating agency in completing the investigation, such a delay can be ground for quashing the FIR - Court is to see if accused has been deprived of fair trial on..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- FIR lodged u/s 3(1)(x) of SCST Act - Quashing - Charge sheet filed and charge framed - Held, that at this sage Court is to see if a criminal offence prima facie is made out from the allegations made in FIR - Correctness of the..........
Criminal Procedure Code, 1973, Section 482, 427, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18 -- Accused convicted in two separate cases under NDPS Act - Accused filing petition u/s 482 seeking direction for concurrent running of sentences of two cases - Held, petition not maintainable before High Court - It is only the trial court, the appellate..........
