Criminal Procedure Code, 1973, Section 482 -- Defence material at quashing stage - Consideration of defence material including sale deeds or other title documents at the stage of S.156(3) Cr.P.C. would necessarily involve adjudication on disputed questions of fact and would amount to conducting a mini-trial which is wholly impermissible...........
Criminal Procedure Code, 1973, Section 482 -- Investigation not to be scuttled - Criminal investigation ought not to be scuttled at the threshold except where complaint ex facie does not disclose commission of any cognizable offence or where continuation of proceedings would amount to an abuse of process of law - If facts are hazy and investigation has just begun,..........
Criminal Procedure Code, 1973, Section 125, 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.144, 528) - Quashing of order - Order granting maintenance - Husband after divorce sought quashing of earlier order granting maintenance u/s 125 Cr.P.C to wife - However, where a later civil or matrimonial adjudication bears upon an earlier maintenance order matter is to be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Interim protection has already been granted to applicants in an order passed u/s 528 BNSS - There is thus, no apprehension of arrest of applicants - Anticipatory bail application, rejected - However, Rs.20,000 imposed on counsel for applicants, as he makes an attempt to deceive the Court...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Court while exercising its jurisdiction u/s 482 Cr.P.C. or Art.226 of Constitution need not restrict itself only to stage of a case but is empowered to take into account the overall circumstances leading to initiation/registration of case as well as materials..........
Criminal Procedure Code, 1973, Section 482, Copyright Act, 1957, Section 63, 65, 65A, Indian Penal Code, 1860, Section 387 -- Quashing of summoning order - Infringement of copyright - Complaint only contains a bald and unsubstantiated allegations and do not even prima facie disclose similarity between film and script - Even, statement of complainant and PWs do not identify..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Complainant himself requested for referral of dispute to meditation and even participated in the process - No objection was taken from prosecution side for said referral - Even more than 50% of settled amount has been paid back by accused to..........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Rectifying an inadvertent error by recalling relevant portion of order does not amount to exercising power of review, rather constitutes a legitimate exercise of Court's inherent authority to correct accidental or clerical mistakes in order to prevent miscarriage of justice...........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Recall does not involve a re-evaluation of merits of case nor does it amount to a judicial reconsideration of conclusions previously arrived at - Rather, it is invoked in circumstances where order of Court has been affected by an inadvertent procedural irregularity, accidental omission, clerical lapse or..........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Exercise of recall does not partake the character of appellate or review jurisdiction - Rather, it constitutes a limited corrective authority inherent in every Court of record enabling it to rectify accidental errors and procedural aberrations so that judicial record may accurately mirror the true..........
