Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Quashing of complaint - Pre-mature complaint - Cause of action arises only after expiry of 15 days of service of notice - In instant case, Magistrate taken cognizance before arising of cause of action - Cognizance and complaint illegal - Complaint..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Quashing of complaint - Time-barred complaint - Magistrate taking cognizance of complaint beyond time for one of the cheques - Cognizance not legal as per S.142(b) of the Act - Complaint quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - High Court should be extremely cautious and slow to interfere with the investigation and/or trial of criminal cases and should not stall the investigation and/or prosecution except when it is convinced beyond any manner of doubt that the FIR does not disclose commission of any offence or that..........
Criminal Procedure Code, 1973, Section 482, 154, 156, 200 -- FIR - Non registration or that a proper investigation is not done by the police - Petition u/s 482 Cr.P.C. - High Court should ordinarily refuse to interfere in such matters and relegate the petitioner to his alternative remedy, firstly u/s 154(3) and S.36 Cr.P.C. and if that is of no avail, by approaching..........
Criminal Procedure Code, 1973, Section 154, 156, 200, 482 -- FIR - Non registration or that a proper investigation is not done by the police - Aggrieved person to approach SSP in writing u/s 154(3) or to approach Magistrate u/s 156(3) Cr.P.C. - Magistrate u/s 156(3) Cr.P.C. can direct police to register FIR and investigation be done - Magistrate can also monitor the..........
Criminal Procedure Code, 1973, Section 154, 156, 200, 482 -- FIR - Non registration or that a proper investigation is not done by the police - Petition u/s 482 Cr.P.C. - Alternative remedy available u/s 154(3), 156(3), 200 Cr.P.C. - Held, alternative remedy is not an absolute bar to a writ petition - However, when alternative remedy is available then High Court should not..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226, 136 -- CBI enquiry - Cannot be ordered as a matter of routine or merely because party makes some allegation - Material on record not disclosing a prima facie case calling for an investigation by CBI - Mere allegations that son was murdered because he discovered some corruption does not..........
Criminal Procedure Code, 1973, Section 482, 320(9) -- Inherent powers of Court - Exercise of - Held, inherent powers of High Court u/s 482 Cr.P.C. should not be exercised against the express bar of law engrafted in any provision of the Code of Criminal Procedure - Exercise of powers by High Court for quashing the criminal proceedings for the reason that parties have..........
Criminal Procedure Code, 1973, Section 156(3), 482, Indian Penal Code, 1860, Section 498A -- Stay of arrest of accused - Cannot be granted u/s 482 Cr.P.C. filed against order passed by Magistrate u/s 156(3) Cr.P.C. for registration of case and investigation in the matter - Such a remedy is available to the applicants when the case is registered and investigation is under..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Suicide - Abetment - Quashing of proceedings - Deceased demanded registration of plots but appellants abused in filthy language and accused neither registered the plots nor returned the amount - Due to the mental harassment and unable to bear the pressure from the purchasers of the plots,..........
