Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing of - Specific allegations made in the FIR - It cannot be said that no prima facie case is made out against the accused persons - FIR not to be quashed...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Power of quashing a criminal proceeding should be exercised sparingly and with the circumspection and that too in the rarest of rare cases...........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Ss.3(k)(i), 13, 17, 18, 23, 29 and 33 - Quashing of complaint - Sample - Found misbranded - Filing of complaint and issue of summons against petitioner challenged on the ground that the sample were drawn from a sealed packet and the petitioner being dealer, could not possibly have known the contents in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint - Quashing - Debt or liability - Complaint cannot be quashed on the ground that there is no debt or liability - At this stage Court cannot go into merits and/or come to a conclusion that there is no existing debt or liability...........
Criminal Procedure Code, 1973, Section 197, 482 -- Prevention of Corruption Act, 1988, Ss.19, 7 & 13(2) - Quashing of FIR - Sanction to prosecute - Once it is clear that sanction to prosecute the petitioner with reference to the FIR in question has been declined, the Court itself is not entitled to take cognizance of the offence - It would be a futile exercise to allow..........
Criminal Procedure Code, 1973, Section 195, 340, 482 -- Quashing of FIR - offence committed in course of proceedings of a civil suit - Bar of S.195 - Comes at the stage of taking cognizance - Police is not precluded from investigating the allegations made and collecting evidence or material in support thereof...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of juvenile court order - Petitioner is an accused for offence u/S.302 IPC - Plea of the petitioner that on the date of alleged occurrence on 23.04.1997 he was a juvenile - Entry in the birth register produced in evidence which came into existence much after the date of occurrence - Findings recorded by the courts..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Notice - Sufficient of service of notice - Question is to be decided on basis of evidence led during trial and not at initial stage - Proceedings cannot be quashed on ground of insufficiency of service of notice, when question is yet to be decided..........
Indian Penal Code, 1860, Section 191, Criminal Procedure Code, 1973, Section 482 -- Complaint u/s 191 registered in 1983 and charge framed in 1993 - Recording of evidence not commenced even after lapse of 18 years - Proceedings in complaint case quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Alteration in date of cheque to revalidate it - Whether it was with consent of drawer or not? - It is a question of fact which has to be established on evidence during trial - Not a ground for quashing the complaint...........
