Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Sections 446, 498-A and 506 - FIR - Petition for quashing - No specific allegation that any item of dowry was entrusted to the petitioners at Samalkka and within the jurisdiction of the Court at Panipat - Similarly there is no specific allegation that there was any demand by the complainant made to the..........
Criminal Procedure Code, 1973, Section 401 -- Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 8 - Possession of Diazepam - Trial Court discharging respondent - Since there was no specific prohibition under the Narcotic Drugs and Psychotropic Substances Act and the Rules, the possession of diazepam held would not be an offence. The trial Court held to have..........
Constitution of India, 1950, Article 227 -- Criminal Procedure Code, 1973, Section 482 -Insecticide Act, 1968 Sections 3(k)(1), 17, 18, 29 and 33 - Insecticide Rules, 1971 - Rule 27(5) - Complaint - Quashing & Sample of Insecticide drawn on 15.02.1994 the expiry date of which was December, 1994 - Sample failed - Petitioner submitting detailed reply dated 26.04.1994 -..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 24 - Sample - Once the accused is deprived of his right of getting the sample analyzed in accordance with the provisions of the Act, such default shall prove fatal to the case of the complainant...........
Constitution of India, 1950, Article 226227 -- Criminal Procedure Code, 1973 Section 482 - Remission - Benefit of remission in sentence refused on the ground that the petitioner surrendered himself before the Court late by one month and six days - Held that since no notice was issued to the petitioner and he himself surrendered in the Court and was sent to jail, as such,..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings under Section 145 - Petition for quashing - When a Civil litigation is pending for the property wherein the question of possession is involved and adjudicated, initiation of Criminal Proceedings under Section 145 Cr.P.C would not be justified. (Pare 14)..........
Criminal Procedure Code, 1973, Section 482 -- Prevention of Corruption Act, 1988, Section 7 - FIR - Petition for quashing - Application of provisions of Section 197, CrPC - Failure to investigate the case fairly and squarely is abandonment of his duty by a police officer - If for abandoning that duty he demands illegal gratification and he gets it, he commits an offence..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings under - Whether once the findings of possession is in favour of the petitioner - Whether under the grab of proceedings under Section 145 read with Section 146 CrPC such possession can be disturbed or not - Held - `No'...........
Criminal Procedure Code, 1973, Section 145 -- When there is a dispute regarding the breach of peace only, whether such type of disputes can be converted into proceedings under Section 145 CrPC - Held - `No'...........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 29(3)(f)(i) - Quashing of complaint - Complaint as a whole does go to show the commission of the offence complained therein - Very serious offence and the trial must proceed in accordance with Iaw - Not a case where the complaint alleged to have been filed with malice, ill-will or with ulterior..........
