Prevention of Food Adulteration Act, 1954, Section 7, 16, 17, Rule 32, 40(2) - - Mis-branding - Company - The person, if any, who has been nominated u/s 17(2) to be in charge of, and responsible to, the company for the conduct of the business of the company or where no person has been so nominated, every person who at the time the offence was committed was in charge of,..........
Criminal Procedure Code, 1973, Section 173(8), 482 -- Further investigation - Filing of supplementary charge-sheet - IO filed charge-sheet for offence u/ss 498-A, IPC and S.3/4, DP Act did not conduct the fair investigation though the case was also registered u/ss 307, 326, 504, IPC - Other IO carried out further investigation and filed a supplementary charge-sheet against..........
Criminal Procedure Code, 1973, Section 482 -- Framing of charge - Quashing of - Petitioners caused felling of two gamai trees standing on the land of "K", which was under contract of sale in favour of complainant and those gamai trees were taken to the house of "S", father of "R" who confirmed such story - Other witnesses though heard from the complainant but they have..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Charge-sheet indicates that false/forged/fictitious documents were submitted by applicant to obtain passport - Applicant was required to furnish original document which he had failed to do so till date - Investigation reveals that university authorities have contended that no such certificates as relied..........
Criminal Procedure Code, 1973, Section 215 -- Defect or omission in charge - Effect - No prejudice caused to accused - Right from beginning of trial, accused had knowledge about case - Defect in charge singularly by itself is insufficient to set aside otherwise well merited conviction unless defect in charge is of such nature as to misled accused causing prejudice to him..........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Condition sine qua non for recording FIR - Held, there must be an information and that information must disclose a cognizable offence before an officer i, charge of a police station satisfying requirements of S.154(1) Cr.P.C...........
Delhi Special Police Establishment Act, 1946, Section 6, Criminal Procedure Code, 1973, Section 156, 157 -- Taj corridor project - Investigation by CBI - Second FIR - Legality of - Held, in absence of any direction by this Court to lodge an FIR into the matter of alleged disproportionate assets against petitioner, Investigating Officer could not take resort to S.157 of the..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of proceedings - Except the averments, that directors were i, charge and responsible to company nothing has been stated as to what part was played by directors petitioners and how they were..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Offence u/ss 304-B, 316 and 498-A IPC - No specific allegation against petitioner regarding her having harassed or humiliated deceased on account of bringing less dowry soon before her death - No allegation that petitioner set deceased on fire - As per post-mortem report, deceased has received dry flame burns..........
Criminal Procedure Code, 1973, Section 212 -- Misappropriation - Failure to mention gross sum allegedly misappropriated in the charge - Effect Held, purpose of framing charge is to give notice to accused of allegations against him - Non-observance of any of the conditions u/s 212 of Cr.P.C. unless cause prejudice to accused or result in miscarriage of justice, cannot be a..........
