Criminal Procedure Code, 1973, Section 397, 482 -- Revision - Petitioner already availed remedy of revision - S.397(3) Cr.P.C bars filing of second revision and recourse to S.482 Cr.P.C can be taken only in exceptional cases...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of complainant for cross-examination - Ample opportunity was given to petitioner for cross-examining complainant - Ample opportunity was thereafter taken by petitioner for producing his defence evidence and ultimately defence evidence was also closed and matter was fixed for final arguments - At this stage petitioner..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 1(2) -- Constitution of India, Sch.6, Paras 4, 5, United Khasi Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953, R.9 - Murder - Jurisdiction of District Council Court - Accused and deceased belonging to Khasi Scheduled Tribe - As per notification offences punishable with..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petition u/s 482 Cr.P.C cannot be dismissed merely on the ground that trial has started or that some witnesses have been examined...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323 -- Quashing of FIR - Rape - False promise of marriage - Prosecutrix was having a living spouse and her divorce with her husband has not taken place - She was well aware of fact that her marriage with accused during subsistence of her first marriage, is not permissible under law - During..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint cannot be quashed by taking recourse to S.482 Cr.P.C when disputed questions of facts are involved which need to be adjudicated after parties adduce evidence...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Where offences are against society and not private in nature, which have serious impact upon society, compromise even if arrived at between parties do not constitute a valid ground to quash FIR or charge sheet...........
Indian Penal Code, 1860, Section 493, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 493 IPC - Quashing of charge sheet - No allegation of any inducement or any deceit to make victim believe that she was lawfully married to accused, which mislead her to have sexual intercourse with accused - Only allegation is that after marriage was settled, accused started..........
Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Demand of dowry - Quashing of charge sheet - Allegation in FIR shows that a demand of dowry of Rs.5 lakhs was made by accused from complainants - There are direct allegations in FIR - Allegations prima facie constitute a commission of an offence under the Act - Charge sheet not liable..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - False and fabricated document - Complaint filed on the basis that agreement filed in civil suit is forged and fabricated - Though civil suit decreed with finding that agreement in question is forged and fabricated but appeal against the..........
