Criminal Procedure Code, 1973, Section 482 -- Order passed u/s 482 Cr.P.C. - Party concerned not entitled to the order passed in its favour, which is nothing but an abuse of process of Court - It would perfectly be legal as also justified in invoking the same power u/s 482 Cr.P.C. so as to prevent such abuse and to secure the ends of justice...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 307, 148, 149 IPC - Matter between parties dissolved by entering into compromise - Offence u/ss 307, 148, 149 IPC is not compoundable u/s 320 Cr.P.C - However, all the accused are in their formative years of their lives - Considering..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Delay of 8 in filing complaint - Proviso (c) of S.138 of the Act speaks that for drawer of such cheque fails to make payment of said amount of money to payee or as the case may be, to holder in due course of cheque..........
Criminal Procedure Code, 1973, Section 482, 169 -- Expunction of disparaging remarks against I.O - Comments/remarks so recorded against I.O were against functioning and conduct of petitioner in person and was not integral to adjudication of application u/s 169 Cr.P.C seeking release of accused for want of sufficient evidence - Moreover, Station House Officer/I.O should not..........
Criminal Procedure Code, 1973, Section 482 -- Internet platform - Quality of products put on sale by prospective vendors - Issuance of interim directions by High Court - Plea that being an internet platform or an intermediary, appellant is not liable to guarantee the quality of goods or merchandise which is put up for sale nor is it possible for appellant to certify about..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 466, 468, 471, 167, 218, 120B -- Discharge - At the stage of charge, Court is not required to consider pros and cons of case and to hold an enquiry to find out truth - Marshalling and appreciation of evidence is not in the domain of Court at that point of time - What is required from Court is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), 3(2)(va) -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC and Ss.3(1)(s), 3(2)(va) of SC/ST Act - Dispute between parties resolved amicably - No purpose is going to be served in..........
Criminal Procedure Code, 1973, Section 482, Madhya Pradesh Prohibition of Cow Slaughter Act, 2004, Section 11(5) -- Application u/s 482 Cr.P.C - Maintainability - Confiscation order passed u/s 11 of 2004 Act - Provisions of Cr.P.C are specifically made applicable to 2004 Act - In the context of proceedings initiated under 2004 Act, there being no bar to exercise of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court while refusing to quash criminal proceedings in exercise of powers u/s 482 Cr.P.C and/or u/art.226 of Constitution, cannot pass an order that accused shall not be arrested until submission of final report...........
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..........
