Indian Penal Code, 1860, Section 376 -- Rape - Lodging of FIR after 34 years and that too on the basis of bald statement that prosecutrix was a minor at the time of commission of offence, could itself be a ground to quash proceedings - No explanation for such delay in lodging FIR - Material on record show that relationship was consensual, as son who is born out of said..........
Service -- Merger of cadres - Challenge as to - Merger of cadres is a policy decision which cannot generally be interfered with - There could be a better policy is not the ground to quash the same...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court should not have examined and recorded conclusion on the disputed facts to quash FIR...........
Criminal Procedure Code, 1973, Section 482, Kerala High Court Act, 1958, Section 5 -- Refusal to quash proceedings - Appeal u/s 5 of Kerala High Court Act - Maintainability - No appeal would lie u/s 5 of Kerala High Court Act against an order passed by single Judge refusing to exercise inherent powers u/s 482 Cr.P.C for quashing of a criminal case...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court can quash FIR even when charge sheet is filed during pendency of such petition...........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Quashing of FIR - Merely because a civil remedy may be available to complainant that itself not a ground to quash criminal proceeding - On a bare reading of FIR a cognizable offence is made out - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Criminal antecedents of accused cannot be the sole consideration to decline to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay in registration of FIR by itself cannot be a ground for quashing FIR - However, delay with other attending circumstances emerging from record of the case rendering the entire case put up by prosecution inherently improbable, may at times become a good ground to quash FIR and consequential..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by Company - Plea of being nominee Directors and non executive Directors of Company - Petitioners whether incharge of the conduct of business or involved in the day to day affairs of the company is a matter of trial - No ground to quash proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - When charge sheet has not been filed, it would not be proper to quash proceedings invoking provision of S.482 Cr.P.C...........
