Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of FIR - Cheating - Wrong facts mentioned in nomination paper for election does not constitute offence of cheating - Remedy available to complainant is to challenge the election at appropriate forum rather than filing of FIR - Allegation made in FIR does not..........
Criminal Procedure Code, 1973, Section 482, 468(b) -- Order taking cognizance - Quashing of order - Offence in question is punishable with one year imprisonment - Cognizance of offence taken after a period of more than three years - Order taking cognizance as well as entire proceedings qua petitioner quashed...........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 379, 411 -- Two FIRs - Same offence - Quashing of second FIR - Theft - Accused facing criminal proceedings with regard to theft of vehicle u/s 379 IPC - He cannot be tried in second FIR u/s 411 IPC with regard to same vehicle as it amounts to double jeopardy - Second FIR quashed...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 452, 326, 323, 354, 356, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 452, 326, 323, 354, 356, 148, 149 - In the instant case, investigating agency, after investigation filed cancellation report seeking cancellation of proceedings - Even, matter is compromised between parties and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 368, 120B -- Quashing of proceedings - Offence u/ss 368, 120-B IPC - Prosecutrix neither named the petitioner in her statement, nor any allegation made against petitioner - Petitioner was not known to prosecutrix and had merely provided shelter to prosecutrix for one night - He was scared that he..........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 302 -- Quashing of order - Order taking cognizance - Custodial death of accused - 18 injuries found on the dead body of accused - Out of which injury no.1 & 2 caused death of accused - Magisterial enquiry held by SDM, which opined that death of accused occurred during police custody for which..........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 154, 482 -- Writ - Mandamus - FIR - Petition has merely levelled allegations of corruption on basis of information collected by him without there being any material to substantiate allegations - No document has been placed on record indicating, prima facie, that circumstances warrant direction..........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 154, 482 -- Writ - Mandamus - FIR - CBI Manual - Petitioner having not approached any authority as per provision of S.154(1) or S.154(2) Cr.P.C.; no specific material having been made available indicative of culpability of person named in petition; no, applicability of S.39 of Cr.P.C. in case;..........
Criminal Procedure Code, 1973, Section 451, 482 -- Vehicle - Order to release on furnishing bank guarantee - Petitioner not in a position to furnish bank guarantee - Order modified - Vehicle ordered to be released on furnishing personal bond with two sureties in the like amount...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 376, 506 -- Quashing of FIR - Compromise - Rape - Accused performed marriage with complainant which was the alleged promise made to her when they developed physical relationship about 10 years ago - They are leading a blissful married life - Grievance of complainant gets redressed..........
