Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Vague and bald allegations against brother-in-law and mother-in-law - No specific allegations of their involvement for the offence alleged - Proceedings against them quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Complainant has not filed any relevant documents to establish that at the time of transaction he was having financial capacity to advance loan to accused - Even, no separate agreement is executed regarding loan..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 24, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1,37,665 tablets weighting 90 kgs - Bail - Large number of tablets were recovered from accused - However, prosecution cannot be heard to state at this preliminary stage that accused have been found to be in possession of commercial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 24, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1,37,665 tablets weighting 90 kgs - Bail - Charge sheet has already been filed - A-1 in custody for over a period of two years - Bail granted to A-1...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Can be treated as complaint by Magistrate...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused arrested on 5.11.2018 and he remains in custody till today - Charge sheet was submitted by I.O after about one year from date of arrest of accused - Even though accused is entitled to grant of statutory bail as provided u/s 167 Cr.P.C on account of default of submitting charge sheet within prescribed..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Direction to proceed against third party, who was not before the Court and recording disparaging observations against him - Cannot be countenanced - The same stands effaced from the record - Appeal allowed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR/complaint - While examining an FIR/complaint quashing of which is sought, Court cannot embark upon any enquiry as to reliability or genuineness of allegations made in FIR/complaint...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the stage of discharge and/or considering application u/s 482 Cr.P.C, Courts are not required to go into merits of allegations and/or evidence in detail as if conducing mini-trial...........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Quashing of proceedings - While quashing criminal proceedings, High Court embarked upon an enquiry as to reliability and genuineness of evidence collected during investigation as if High Court was conducting mini trial -..........
