Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Appreciation of evidence is a function of trial Court and High Court in exercise of power u/s 482 Cr.P.C cannot assume such jurisdiction and put to an end the process of trial provided under law...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 452, 354, 504, 506 -- Quashing of Charge sheet - Offence u/ss 323, 452, 354, 504, 506 IPC - Disputed question of fact arising in the case, cannot be adjudicated by High Court at pre-trial stage - Genuineness or otherwise of allegations cannot be even determined at the stage of summoning..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 451, 506, 509, 120B, 34 -- Quashing of Charge sheet - Offence u/ss 323, 341, 451, 506, 509, 120-B, 34 IPC - Various uncontroverted allegations were made against accused - None of these allegations appear to be absurd or inherently improbable - There is no ground to exercise power u/s 482..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of charge sheet - Civil dispute sought to be given the colour of a criminal wrong doing - Execution of a sale deed, during pendency of suit, may attract doctrine of lis pendens, but from reading charge sheet, it is evident that there is no element of criminality which is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 120B -- Quashing of charge sheet - Offence u/ss 409, 120-B IPC - Documents which have been allegedly misappropriated, have been found to be missing by Department itself, a fact duly admitted by counsel for petitioner - Merely because Department chose not to proceed against petitioners would..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 511 -- Quashing of charge sheet - Offence u/ss 376, 511 IPC - Material available on record indicates that victim had alleged the specific allegation against petitioner as well as his co-accused while recording her statement u/ss 161, 164 Cr.P.C - On basis of such statements and statements..........
Service -- Disciplinary enquiry - Charge sheet - Acts of indiscipline and insubordination - Allegation against respondent is that he committed acts of indiscipline and insubordination by not following instructions issued by his superior officers regarding disbanding of Gunda Squad - Charge sheet together with statement of imputations contained a detailed elaboration of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing - If a petition u/s 482 Cr.P.C. is filed after charge sheet is filed - Court is required to consider the material/evidence collected during investigation - Even at this stage, High Court is not required to go into merits of allegations and/or enter into merits of the case as if High Court is exercising appellate..........
Dowry Prohibition Act, 1961, Section 3, 4(2), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Dowry demand - Matter was investigated and charge sheet was filed - Court below took cognizance after applying its legal mind - While taking cognizance of offence, Magistrate or Court concerned is not obliged to give detailed reasons for its satisfaction -..........
Indian Penal Code, 1860, Section 420, 468, 120B -- Cheating - Forged document - Quashing of charge sheet - Allegation that accused have forged certain documents to change surname of his son in school record - However, during investigation, I.O has failed to collect any evidence to show that even a single document was prepared by accused for purpose of cheating - Charge..........
