Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251 -- Dishonour of cheque - Quashing of proceedings - Accused having alternate and efficacious remedy to urge the pleas before trial Court at the time of framing notice u/s 251 Cr.P.C., - Inherent powers of Court not required to be invoked to quash proceedings arising out of..........
Criminal Procedure Code, 1973, Section 41, 482 -- No justification for high court to direct the state to arrest against whom FIR was lodged, as it amounted to unjustified interference in investigation of case...........
Criminal Procedure Code, 1973, Section 482 -- Inherent Power of High Court - Petitioner wants to Register FIR or to hand over the investigation to vigilance bureau or some independent agency - Held, petitioner has alternative remedy to approach the Judicial Magistrate - Petition dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 120B -- Quashing of FIR - Cruelty and criminal Conspiracy - Investigation was carried out and two of the petitioner were found innocent - Police collected the evidence and filed the chargesheet - Held, When police has presented Challan U/s 173 Cr.P.C and trial court has also framed..........
Criminal Procedure Code, 1973, Section 319, 482 -- Smmoning of additional accused - During investigation it was found that petitioners have been kidnapped at instance of accused and false recovery was planted upon them - Held, Simply if one witness deposed against petitioners, in no way, without discussion of other evidence can be held petitioners are involved in..........
Criminal Procedure Code, 1973, Section 482, 311 -- Permissibility to led Additional Evidence - Validity - Application of additional evidence was filed by complainant after accused has already led his evidence in defence - During cross-examination accused raised a positive and categoric plea that cheque in dispute does not bear his signatures - Held, Complainant knowing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 329, 420, 120B, 34 -- Quashing of FIR - Petitioner is being proceeded against for offence of forging and fabricating an injury on person of complainant in order to initiate a case under S.307 against other party - Prosecution relied on medico legal report of hospital which only indicates two..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and Criminal Proceedings - Mother of children/Petitioner is charged with kidnapping of own children - Children had gone with petitioner of their own free will, is evident from fact that during investigation of case, children made statements before police that they had accompanied their mother of their own free..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 304A -- Death in accident - Direction sought to hand over the investigation to CBI - From the gist of investigation and by filing affidavits by senior officers of police, it cannot be said that police is not investigating the case properly or conniving with culprits - Two suspicious persons..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner without verifying the facts of application, had proceeded to change Girdawaris of land belonging to Gram Panchayat - Challan has already been prepared, which is likely to be presented - FIR cannot be quash...........
