Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- FIR filed by wife under section 498-A IPC against husband and others - Quashing of FIR sought on the ground that it was a counter-blast to divorce petition filed by husband - Whether FIR was as a counter-blast to the divorce petition or not is to be decided by Trial Court after parties..........
Criminal Procedure Code, 1973, Section 482 -- TV programme to harm reputation of Government, its administration, Chief Minister, several ministers and several public servants - Many expressions and words used in commentary per se defamatory - Petition to quash complaint - Public interest to be best served in directing corrective broadcast to be made in concerned T.V...........
Criminal Procedure Code, 1973, Section 482 -- Permission to go abroad - Applicant convicted u/S.325 IPC by Addl. Sessions Judge - His appeal against conviction admitted and sentence suspended - Applicant wishes to go to Canada to meet his son and family members - His son has sponsored his name for visiting Canada - Applicant undertakes to return to India within two months..........
Criminal Procedure Code, 1973, Section 197, 482 -- Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 32 - Penal Code, 1860, Sections 452, 500, 506, 148 r/w 149 - Summoning order - Quashing petition - Public servant - Sanction for prosecution - Loan - Default - Affixation of notice, demanding payment, on the house..........
Criminal Procedure Code, 1973, Section 190, 200, 300, 482 -- Double jeopardy - Cognizance of offence - A Judicial Magistrate, even after accepting the final report filed by the police in an FIR case, can still take cognizance of an offence upon a complaint on the same or similar allegations of fact...........
Constitution of India, 1950, Article 21, Criminal Procedure Code, 1973, Section 357, 482 -- Police torture - Compensation - Contraband recovered from accused by an officer of NCB - He was tortured which resulted into fracture of femur in his neck - Accused made handicapped - Rs.50,000 awarded as interimcompensation - Accused at liberty to resort to civil remedy to claim..........
Constitution of India, 1950, Article 21, Criminal Procedure Code, 1973, Section 357, 482 -- Police torture - Compensation - Contraband recovered from accused by an officer of NCB - Accused, habitual offender and tortured which resulted into fracture of femur in his neck - Accused made handicapped - Rs.50,000 awarded as interimcompensation - Even a habitual offender does..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction of High Court - Exercise of power u/s 482 is an exception and not the rule - Provision of S.482 envisages three circumstances under which inherent jurisdiction may be exercised namely, (1) to give effect to an order under the Code, (ii) to prevent abuse of the process of court, and (iii) to otherwise..........
Criminal Procedure Code, 1973, Section 482 -- Inherent power of High Court - Can be exercised to quash criminal proceedings pending in any Court but the power cannot be exercised to interfere with the statutory power of the police to conduct investigation in a cognizable offence...........
Criminal Procedure Code, 1973, Section 196, 482, Indian Penal Code, 1860, Section 153B -- 'No Court shall take cognizance' in S.196 Cr.P.C. creates bar against taking cognizance by Court - There is no bar against registration of a criminal case or investigation by the police agency or submission of a report by the police on completion of investigation, as contemplated by..........
