Criminal Procedure Code, 1973, Section 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.528) - Direction for investigation - High Courts while exercising its inherent powers u/s 482 Cr.P.C. can issue directions for prompt and proper investigation - However, it would be out of bounds to instruct investigation to be completed in a certain time frame in alignment with..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Elaborate defences and evidence brought on record is not to be considered at stage of deciding application u/s 482 Cr.P.C. - Mechanical approach cannot be countenanced...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Wife filed the complaint after grant of divorce, a month later - Application filed as a counter blast to fact that husband has two orders in his favour, one by Courts in Austria ordering wife to bring child back to Australia and other, by Courts in..........
Indian Penal Code, 1860, Section 420, 406, 395, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute pertaining to sale of motor vehicle by complainant to appellants and non-payment of remainder amount - Dispute is of civil in nature - Continuation of a dispute pertaining to payment of money and handing over of possession of motor vehicle, would be an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, Indian Penal Code, 1860, Section 420, 411, 482, 120B, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of proceedings - Petitioner was the owner of car in view of supplementary challan - He was not identified at the spot - Initial accused were acquitted - Therefore, now at this stage,..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Allegation that appellant had dishonestly used a fake NOC from Fire Department to obtain recognition/renewal of affiliation to run educational institution - However, NOC from Fire Department was not necessary for recognition/renewal of affiliation of educational institutions..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 466, 467, 468, 120B -- Quashing of FIR - Offence u/ss 465, 466, 467, 468, 120-B IPC - Civil suit preferred by complainant and others already stands dismissed - FIR has been registered after a gap of 16 years - Thus, continuation of proceedings emanating out of FIR are nothing but an abuse of..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Agreement to sell - At the stage of execution of an agreement to sell, question of handing over of original documents would not arise - Even if allegation is taken to be correct, by no stretch of imagination can it be said that by not handing over original document of ownership..........
Indian Penal Code, 1860, Section 498A, 406, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.498-A, 406, 506, 34 IPC and 3, 4 DPA - Quashing of proceedings - Delayed FIR lodged without providing any satisfactory explanation - Complainant gave inconsistent versions in written complaint and in statement recorded..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(u), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(u) SC/ST Act - Quashing of proceedings - Alleged incident of insulting and humiliating complainant did not occurred in public place - No substantial material found to attract S. 3(1)(u) SC/ST Act, therefore proceedings..........
