Criminal Procedure Code, 1973, Section 482 -- Exercise of power u/s 482 Cr.P.C. - Illustrative categories - Analysed...........
Criminal Procedure Code, 1973, Section 397, 401, 482 -- If Court can legitimately come to a conclusion that there is no case for going to the trial even at initial stage, such prosecution needs to be dismissed, dropped and such accused needs to be exonerated even at initial stage - It can also be done even after process has been issued and the Court has been called on to..........
Criminal Procedure Code, 1973, Section 125, 482 -- Interim maintenance - Allowed on the basis of affidavits filed by wife - Opportunity not given to husband to rebut the sanctity of affidavits filed by wife - Held, trial Court has abused the process of Court - Order allowing interim maintenance set aside and case remanded to be decided after giving an opportunity of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Accused exonerated in departmental proceedings - Benefit of enquiry report given to the accused and proceedings in the trial Court quashed and moreso when there is absolutely no prima facie case made out against the accused and even the..........
Constitution of India, 1950, Article 136, Criminal Procedure Code, 1973, Section 482, 397, 401 -- Quashing of criminal complaint - Delay in prosecution - Quashing of complaint by High Court improper - Contention that complaint was filed as early as in 1983 and serious prejudice would be caused to accused at this stage in case further proceedings are taken - Accused at..........
Criminal Procedure Code, 1973, Section 482 -- Several accused - Quashing of compliant by High Court with regard to those accused who had not approached it - Not justified - Held, if these accused were really aggrieved by issuance of summons against them, they should have approached the High Court and challenged the same in appropriate proceedings - Hence, High Court was..........
Criminal Procedure Code, 1973, Section 482 -- Adverse remarks in judgment based on statement of I.O. - No opportunity of hearing afforded before passing such remarks - Petition for expunging of remarks allowed...........
Criminal Procedure Code, 1973, Section 197, 482 -- FIR lodged as electricity meter found to be tampered with - Accused filed complaint against Electricity Officers without disclosing that complaint is against Electricity Officers and that FIR is already lodged against him - Order taking cognizance on private complaint set aside as petitioners were acting in discharge of..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing of - Power has to be exercise very sparingly and with circumspection and in rarest of rare cases - Court is not justified in embarking upon an inquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR - Court also cannot inquire whether the allegations in the complaint are..........
Indian Penal Code, 1860, Section 143, 384, 120B, Criminal Procedure Code, 1973, Section 482 -- Collection of goonda tax from shopkeepers - However, no evidence of any victim - Total evidence was that of police officials - Held, when there is absolutely no evidence of any victim about the offence committed by the petitioner, the charge sheet does not stand as such the same..........
