Prevention of Food Adulteration Act, 1954, Section 13(2) -- Sample of sweetened carbonated beverages (Coca Cola etc.) - Prosecution launched after 23 months of taking sample - Request for sending second sample by Central Food Laboratory not availed on the ground that shelf life of carbonated water which was six months had already expired before launching prosecution -..........
Prevention of Corruption Act, 1947, Section 5A(1)(d) -- Proviso - Investigation by police office not competent to investigate as per proviso to Section 5-A(1)(d) - Not a ground to quash proceedings - Illegality committed in the course of investigation does not affect the competence and jurisdiction of the Court for trial...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - FIR quashed by High Court when investigation had not even started - This is too premature a stage for High Court to quash FIR when investigation had not even started and investigating agency had no occasion to find out whether there was material to file a..........
Criminal Procedure Code, 1973, Section 482 -- Allegations when reveal commission of an offence other than what are stated in the charge sheet, then it is not just and proper to quash the charge...........
Criminal Procedure Code, 1973, Section 320, 482 -- Non compoundable offence - High Court can quash proceedings in exercise of power u/s 482 Cr.P.C. as Section 320 Cr.P.C. does not limit or affect the powers u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 392, 452, 506, Criminal Procedure Code, 1973, Section 482 -- Hire Purchase agreement - Timely payment not made - Repossession of vehicle, without notice to complainant and by use of force and giving threats - FIR lodged u/ss 392, 452, 506 IPC - No ground to quash FIR...........
Indian Penal Code, 1860, Section 304A -- Electrocution and death of a factory worker during his course of employment - Complaint filed under Factories Act for violation of rules relating to safety measures - Criminal proceedings also initiated u/s 304-A IPC for same offence - Petition to quash proceedings - Specific allegation against petitioner that in spite of bringing..........
Indian Penal Code, 1860, Section 406, 498A, Dowry Prohibition Act, 1961, Section 4, 6, Criminal Procedure Code, 1973, Section 202, 203, 48 -- Complaint under Sections 498-A & 406 IPC - Petitioner has given specific instances regarding the manner in which she was physically and mentally tortured, beaten up and thrown out of house twice - She has given specific dates of..........
Criminal Procedure Code, 1973, Section 482 -- If allegations set out in complaint do not constitute the offence of which cognizance has been taken by Magistrate, it is open to High Court to quash the same in exercise of inherent powers u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 173, 156, 482 -- Two different Investigating Agencies investigated the crime - One in favour and one against the accused - Prosecution decided to present challan - It is no ground to quash the proceedings or to entrust reinvestigation to a third agency - Opinion expressed by police is not final - Court after application of mind may..........
