Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of complaint - Complaint under DV Act - Can be quashed in petition filed u/s 482 Cr.P.C., if it is found that complaint is an abuse of process of Court or has been filed only with a view to harass others...........
Prevention of Food Adulteration Act, 1954, Section 2(ia)(a)(m), 7(1)(5), 13(2), 16, Criminal Procedure Code, 1973, Section 482 -- Food adulteration - Quashing of proceedings - Re-analysis of samples - Copy of report of Public Analyst was supplied to petitioner after expiry of best before date stated in the label of sample of food article, hence, petitioner is deprived of..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Payment of cheque amount with interest and cost as assessed by Court by a specified date - Court is entitled to close the proceedings in exercise of its powers u/s 143 of N.I. Act r/w S.258 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Statue saves the inherent power of High Court, as a superior Court, to make such orders as are necessary: (i) to prevent an abuse of process of any Court; or (ii) otherwise to secure the ends of justice...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 467, 468, 471, 506(2), 120B -- Quashing of FIR - Offence u/ss 384, 467, 468, 471, 506(2), 120-B IPC - Compromise - Allegations in FIR not only involve a private dispute over a land transaction between two contesting parties, but also involves allegations of extortion, forgery and conspiracy..........
Criminal Procedure Code, 1973, Section 360, Essential Commodities Act, 1955, Section 7 -- Probation - Offence u/s 7 of 1955 Act - Accused are first offenders and having no criminal antecedents - Therefore, accused be dealt u/s 360 Cr.P.C. - Ends of justice will be served by granting benefit of probation...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - When said person not named in charge-sheet - Power of Court - Provision of S.319 Cr.P.C. can be invoked even where name of person is in FIR yet no charge-sheet is filed against him...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 8, 21, Criminal Procedure Code, 1973, Section 167(2), 439 -- Default bail - Recovery of 370 gms smack - Charge sheet not filed within prescribed period of 180 days in terms of S.36-A(4) of NDPS Act - Bail application filed on 182nd day of arrest of petitioner - When bail application was under..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay in itself is not fatal to prosecution case - Delay puts Courts on caution to scrutinize the evidence available on file with greater care and caution...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Injured was immediately taken to hospital after occurrence, where she was medico legally examined - As her condition was serious, she was taken to another hospital - Since injured was unfit to make statement, statement of complainant was recorded and there was some delay in lodging FIR - Delay duly..........
