Criminal Procedure Code, 1973, Section 482 -- Inherent power - Would be exercised by the High Court only when the complaint prima facie does not disclose any offence - Or when this Court is of the opinion that perverse, vexatious and oppressive attempt has been made by the State in order to prosecute the petitioners - This Court cannot embark upon any inquiry whether the..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing complaint under the Drugs and Cosmetics Act, 1940 - The complaint discloses a triable offence against the petitioners - The questions of fact cannot be agitated in the proceedings under Section 482, Cr.P.C. - In the case in hand it is yet to be decided as to who are the actual persons responsible for the..........
Criminal Procedure Code, 1973, Section 167 - - Essential Commodities Act, Section 12A(1)(F) - Framing of charge - The petitioner sought his discharge under section 167(5) Cr.P.C. read with Section 12A of Essential Commodities Act - Application dismissed by Special Judge - Petitioner raising plea under Section 468 Cr.P.C. in the High Court for the first time - Held the..........
Criminal Procedure Code, 1973, Section 319 -- Application by prosecution requesting the trial Court for summoning `K' and `S' to stand trial for having abetted the commission of offences in question - Trial Court dismissed application finding no prima facie case - Held that a prima facie case is not the same thing as proof - It only means that there is a ground for..........
Constitution of India, 1950, Article 226 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 15 and 32A - Bail - Suspension of sentence - Army Act, Section 69 - Petitioner/Convict tried and sentenced by General Court Martial - Challenges the said order of conviction and sentence by way of Criminal Writ Petition - Held - Section 32A of the Act is all along to..........
Constitution of India, 1950, Article 226, 227 -- Criminal Procedure Code, 1973, Section 482 - FIR - Registration of - A complaint disclosing the commission of cognizable offence is laid before an incharge of a Police Station - The police officer has no other option except to register the FIR - At the stage of registration of Registration incompliance with the mandate of..........
Criminal Procedure Code, 1973, Section 482 -- Summoning order under Sections 406, 498A - Jurisdiction - Part of the series of transaction taking place at Ferozepur - The Court at Ferozepur will have jurisdiction in spite of the fact that certain other parts of the same series of transaction had taken place within the jurisdiction of another court - Alleged cruelty taking..........
Criminal Procedure Code, 1973, Section 401 -- Essential Commodities Act, 1955, Section 7 - Haryana Prevention of Hoarding and Maintenance of Quality Order, 1977 - Discharge - Revision against - Imported sugar - Not sugar as mentioned in item No.4 of the Schedule attached with the order held by the Special Judge while discharging Respondent - Held that grounds of discharge..........
Criminal Procedure Code, 1973, Section 182 -- FIR - After investigation found false - Police submitted a report for cancellation of the FIR - Coupled with complaint to the Magistrate to take action under section 182 - Summon issued to respondent No.2 for offence under section 182 - On the same set of incidence and facts same Addl. Judicial Magistrate on the complaint of..........
Criminal Procedure Code, 1973, Section 125, 482 -- Maintenance - Second Revision - Petitioner filing revision against the order of trial Court to Additional Sessions Judge - Maintenance enhanced - Petition filed under Section 482 for further enhancement of maintenance - Held that Hon'ble Supreme Court has not encouraged the second revision under the garb of Section 482..........
