Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - While invoking inherent jurisdiction, it is wholly impermissible for High Court to enter into factual arena to adjudge the correctness of allegations in the complaint...........
Criminal Procedure Code, 1973, Section 482, 82 -- Quashing of order - Order declaring accused as proclaimed offender - No intentional absence of accused from Court proceedings - Accused undertakes not to absent from Court proceedings any further - Impugned order set aside - Accused directed to appear before trial Court...........
Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B -- Cheating - Quashing of FIR - Accused being power of attorney executed sale deed in favour of wife of complainant - Offence of inducement to purchase property as disclosed in the FIR, was allegedly committed by some other co-accused - Patta was issued by and to some other co-accused and accused was not a..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order taking cognizance cannot be quashed merely because police has not obtained formal permission to investigate either by mistake or otherwise, particularly when materials collected by investigating agencies disclose very ingredients of offence under which cognizance is taken...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Liability of partner of Firm - Specific allegations against accused that he was incharge of and was responsible for affairs of firm for conduct of business affairs of firm - Plea of partner that he already retired from firm - This fact has to be proved during trial - Quashing of..........
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...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Accused have made payment of entire cheque amount at very initial stage of proceedings - Complainant cannot be allowed to take undue advantage on basis of technicalities - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 395, 386, 365, 342, 506 -- Quashing of FIR - Offence u/ss 395, 386, 365, 342, 506 IPC - FIR lodged after a period of almost two years from the alleged incident that too without specifying any date and time of alleged incident - Entire case put up by informant on the face of it appears to be..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 342, 386, 504, 506 -- Cheating - Quashing of proceedings - FIR in question came to be lodged after a period of 14 years from alleged illegal acts of accused - No specific time and date of alleged offences disclosed in FIR - Entire case put up by complainant on the face of it appears to be concocted and fabricated -..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Court while exercising its jurisdiction u/s 482 Cr.P.C or under Art.226 of Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to initiation/registration of case as well as..........
