Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of FIR - Court cannot conduct a mini-trial at the stage of considering petition for quashing FIR u/s 482 Cr.P.C or Art.226 of Constitution...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Assets disproportionate to known sources of income - Quashing of FIR - Documents which have been relied upon by accused cannot from basis of quashing FIR - Value and weight to be ascribed to documents is a matter of trial - At the stage of quashing FIR Court only has..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(D) -- Quashing of order - Order taking cognizance - Offence u/s 3(1)(D) of the Act - Application u/s 482 Cr.P.C is not maintainable against order taking cognizance for an offence in SC/ST Act, as only appeal provided u/s 14-A(1) of SC/ST Act..........
Criminal Procedure Code, 1973, Section 82, 83, 482 -- Arrest warrants - Court has to be prima facie satisfied that person accused of committing a non bailable offence is also evading his arrest - There has to be material before Court to reach said conclusion - Warrant of arrest cannot be issued without recording such subjective satisfaction - Impugned order issued merely..........
Criminal Procedure Code, 1973, Section 202, 482 -- Issuance of process - Quashing of summoning order - No detailed order is required for passing any order for summoning the accused but in a case where final form has already been submitted in favour of accused and Magistrate is intending to proceed on a complaint petition, he is required to make reasons of differing with..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307 -- Quashing of FIR - Compromise - Attempt to murder - Victim was attacked with a dangerous weapon i.e a knife - Injuries are such which would have caused death in ordinary circumstances - FIR cannot be quashed solely on the ground that parties have entered into a compromise - Petition for..........
Criminal Procedure Code, 1973, Section 482 -- Application u/s 482 Cr.P.C - Availability of alternative remedy u/s 397 Cr.P.C by itself cannot be a ground to dismiss application u/s 482 Cr.P.C - Application u/s 482 Cr.P.C is thus, maintainable, even without exhausting remedy u/s 397 Cr.P.C...........
Indian Penal Code, 1860, Section 306, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - Deceased was in love with accused - There is no other material to show that accused was maintaining any relation with deceased - Merely because..........
Indian Penal Code, 1860, Section 366, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 366 IPC - Both the petitioners are major - Petitioner No.1 left her home with petitioner No.2 willingly and is living with him as a married woman - FIR quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Civil transactions may have a criminal texture - However, when civil dispute is given colour of criminal offence then proceedings have to be quashed...........
