Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Quashing of FIR - Cheating - Prima facie on reading of contents of complaint, case for commission of offence in question is made out - It is a matter of investigation as to what is the role of petitioner - At this stage, it cannot be said that petitioner has been..........
Indian Penal Code, 1860, Section 420, 468, 465, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Parties allowed to compound offence u/s 420 IPC, however Trial Court not attested the offences punishable u/ss 468, 465, 471 IPC - Complainant does not want to press charges levelled against petitioner in relation to offences punishable..........
Indian Penal Code, 1860, Section 323, 354, 427, 458, 143, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), 3(1)(r), 3(1)(w)(ii), 3(2)(va), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 323, 354, 427, 458, 143 IPC and Ss.3(1)(s), 3(1)(r), 3(1)(w)(ii), 3(2)(va) of SC/ST Act - Quashing of FIR - Compromise arrived at..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Compromise - Once matrimonial dispute is settled by mutual compromise, then no useful purpose would be served by keeping criminal proceedings pending - Proceedings quashed...........
Indian Penal Code, 1860, Section 166, 167, 218, 463, 464, 465, 466, 471, Criminal Procedure Code, 1973, Section 156(3), 197 -- Jurisdiction - Compliance of Investigation and Sanction - Petitioner invoking jurisdiction u/s 156(3) Cr.P.C and necessity of S.197 Cr.P.C - Held, the want of sanction is not restricted to any act done by the public servant only in the discharge of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the stage of considering application for quashing of proceedings, allegations in FIR must be read as they stand and it is only if on the face of allegations that no offence as alleged has been made out, that Court may be justified in exercising its jurisdiction to quash...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Specific allegations made in FIR in regard to demand for dowry - High Court committed error in quashing the proceedings - Order of High Court quashing proceedings set aside...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 353, 186, 379A -- Anticipatory bail - Offence u/ss 323, 353, 186, 379-A IPC - Petitioner is a 30 year old lady and is not involved in any other criminal case - Without expressing any opinion on the merits of the case, anticipatory bail granted to petitioner...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Summoning of loan file - Sought to be summoned after completion of evidence of complainant - Accused not replied to demand notice or he did not file any such application at the time of taking cognizance or reading over the statement of charges - Trial Court as..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 27(a), 29 -- Anticipatory bail - Offence u/ss 25, 27(a), 29 NDPS Act - Admittedly, petitioner presently is a sitting MLA - Assembly election has been declared in State of Punjab, one week may be afforded to petitioner to avail his remedy and in meanwhile, he be..........
