Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Exercise of - Trial court exercising its discretion has allowed the petition filed u/s 311 Cr.P.C. - Challenge thereto - Held, impugned order cannot be said as violative of any provision of the Code of Criminal Procedure or any other law in force - Therefore, there is no question of preventing any abuse of..........
Criminal Procedure Code, 1973, Section 315, 482 -- Defence evidence - Government servant - Summons given to counsel of accused but he was unable to produce him - Prayer for summoning through Court - Trial Court directed to summon witness through SP and to record statement of witness...........
Criminal Procedure Code, 1973, Section 482 -- Complaint and summoning order - Quashing - Allegations made in a complaint if taken at the face value and accepted in its entirety, do not constitute prima facie an offence or make out a case against the accused then Court is well within its powers to quash the complaint...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 464, 423, 420, 34 -- FIR - Quashing of - Sale of land to daughter by General Power of Attorney holder inspite of specific notice of revocation of Attorney - Complaint cannot be quashed by holding that it is a matter of civil dispute when it prima facie discloses ingredients of offence complained...........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing of - FIR and consequent investigation cannot be quashed unless there is no offence spelt out from the same - FIR has to be taken on its face value and then it is to be examined as to whether it spells out the offences complained of - Merits of allegations or testing the veracity of allegations is not permissible..........
Criminal Procedure Code, 1973, Section 167(5), 482 -- Charge sheet filed during pendency of the petition for quashing - FIR can be quashed even if charge sheet has been filed during pendency of the petition...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - High Court is not completely denuded of its power to exercise inherent jurisdiction for the second time - Principles of res judicata are not applicable...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 365, 366, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Offence u/ss 363, 365 366 IPC and S.3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Girl alleged to be kidnapped found to be above 18 years and marrying..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - In proceedings u/s 482 of Cr.P.C. High Court is not to go into the truthfulness of the allegations - Once a complaint discloses the commission of an offence, the veracity of the allegations is not to be tested in proceedings u/s 482..........
Criminal Procedure Code, 1973, Section 190, 200, 482 -- Cognizance cannot be taken merely on suspicion...........
