Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court in exercise of power u/s 482 Cr.P.C does not examine correctness of allegations in a complaint except in exceptionally rare cases where it is patently clear that allegations are frivolous or do not disclose any offence...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500 -- Quashing of complaint - Offence u/ss 499, 500 IPC - Prima facie Magistrate found that offence in question falls within meaning of expression u/s 499 IPC - Stage of recording of evidence has not reached - It is difficult to hold that a case for quashing of complaint u/s 482 Cr.P.C has..........
Indian Penal Code, 1860, Section 498A, 323, 524, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Distant relatives - Living at separate residence - Mental cruelty can be inflicted even by communication i.e. telephone etc. - Sufficient material on record which is indicative of inflicting mental cruelty..........
Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix is a widow having two children - Instances of rape which allegedly began from 13.7.2017 are reported to police first time directly on 30.1.2018 i.e after six months - There was long standing acquaintance between accused and..........
Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Allegation that accused forcibly took away ornaments of prosecutrix - However, said allegation is false and afterthought because jeweller with whom said alleged ornaments were mortgaged stated that he knew accused as well prosecutrix, as..........
Criminal Procedure Code, 1973, Section 482, Drugs and Cosmetics Act, 1940, Section 18(c), Drugs and Cosmetics Rules, 1945, Rule 65(5)(1)(b) -- Quashing of a criminal complaint - Impugned substance is solely used for drug manufacture, even then, the Appellants would not be liable under the Drugs and Cosmetics Act, 1940 since the Appellants already have the necessary..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Perfunctory investigation cannot be a ground either to quash criminal proceedings or even to acquit accused...........
Indian Penal Code, 1860, Section 420, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute regarding execution of sale deed - Civil suit is pending between parties - Civil Court is therefore seized of the question as regards legality and validity of disputed sale deed - In such situation it will not be proper to permit..........
Criminal Procedure Code, 1973, Section 482 -- Direction to investigate - High Court has no power to direct investigation to be conducted in a particular manner u/s 482 Cr.P.C and u/art 226 of Constitution...........
Criminal Procedure Code, 1973, Section 482, 397(3) -- Remedy of revision already availed - Petition u/s 482 Cr.P.C. thereafter amounts to second revision petition - No special circumstances exist to exercise inherent power u/s 482 Cr.P.C. - Petition dismissed...........
