Criminal Procedure Code, 1973, Section 157 -- Instructions dated 04.05.2017 issued by Director, Bureau of Investigation, Punjab - Investigation - Instructions dated 04.05.2017 issued by Director, Bureau of Investigation, Punjab violate the process and procedure of investigation established by Code of Criminal Procedure, 1973, and further cause abuse of process of Court by..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Quashing of proceedings - Complaint/FIR/charge sheet disclosing commission of offence - Simply because there is remedy provided for breach of contract or arbitral proceedings initiated at the instance of appellant, that does not by itself clothe the Court to..........
Suppression of material facts -- Amounts to abuse of process of Court which shall be dealt with a heavy hand...........
Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of summoning order - Complainant deliberately suppressed material fact that a charge sheet was already filed by accused against him in relation to same incident - Suppression of material facts before a Court amounts to abuse of process of Court - Moreover, there is delay of 6 years..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction petition - Respondent repeatedly filed vexatious suits and petitions against petitioners - Further respondent was attempting to make mockery of the very judicial system - In case litigants like respondent is permitted to achieve their objective in delaying execution of a decree passed by Court,..........
Criminal Procedure Code, 1973, Section 210 -- Complaint and FIR in respect of same offence - Merely because on same set of facts with same allegations and averments earlier complaint is filed, there is no bar to lodge FIR with police station with same allegations and averments - However, if it is found that subsequent FIR is abuse of process of law and same is lodged only..........
Criminal Procedure Code, 1973, Section 210 -- Complaint and FIR in respect of same offence - Complaint u/s 138 of N.I. Act was filed against accused - After period of 3 months complainant filed application u/s 156(3) Cr.P.C seeking registration of FIR - However, Magistrate declined to register the same and decided to inquire into the matter by treating same as complaint..........
Indian Penal Code, 1860, Section 341, 143, 147, 149, 353, 504, 506 -- Offence u/ss 341, 143, 147, 149, 353, 504, 506 IPC - Quashing of FIR - Role of petitioner nowhere mentioned in FIR - Even if Court presumes petitioner present at the spot, it would still not lead to an automatic inference of her acting with a common object with those who had inflicted fist blows, hurled..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent power of Court u/s 482 Cr.P.C is exercised only where order is passed by criminal Court which is required to be set aside to secure ends of justice or where proceeding pending before a Court amounts to abuse of Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of vigilance enquiry report - No case is pending against petitioner in any criminal Court on basis of vigilance enquiry report - Petitioner neither sought any order of High Court to give effect to any order passed under Cr.P.C nor sought any order to prevent abuse of process of any criminal Court - Application..........
