Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Investigation made so far reveals that complaint is motivated - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482 -- Second quashing petition - Maintainability - There is no bar for preferring of a second quashing petition, but at the same time party filing second application has to justify why second petition is required to be entertained...........
Criminal Procedure Code, 1973, Section 482 -- Second quashing petition - Applicant suppressed the material fact regarding earlier petition for quashing being filed and withdrawn by him - Suppression being relatable to question of maintainability was a material suppression - Petitioner thus, not entitled to discretionary relief - Second quashing petition dismissed with..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR can be quashed in exercise of power u/s 482 Cr.P.C where a report u/s 173 Cr.P.C is not filed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 511, 506 -- Quashing of FIR - Offence u/ss 384, 511, 506 - No overt act alleged in FIR and it has only been vaguely stated that accused is threatening to implicate complainant in a false rape case - Provision of S.506 IPC not attracted - Even with respect to offence of extortion/attempt to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Second bail application - Murder - Dead body of deceased found at his house which apparently bore injuries - Accused is behind the bars for more than 2-1/2 years and trial yet to be accomplished - Moreover, in view of the fact that case is more on suspicion than any ocular evidence in which..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Anticipatory bail - Cheating - Petitioner directed to appear before I.O by granting interim bail - He having joined the investigation - Order granting interim bail to petitioner made absolute...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Informant of murder case not supported prosecution case - High Court acquitted all the accused - However, having regard to facts and circumstances of case and bearing in mind that there were two deaths in the incident which has not been proved beyond reasonable doubt, impugned order of directing trial Court to..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25 -- Release of seized vehicle - Vehicle involved in NDPS case - Interim custody of vehicle alleged to be used in committing offence of NDPS Act cannot be denied on the ground of severity of offence - It also cannot be denied on the ground that it is liable to..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25 -- Release of seized vehicle - Vehicle involved in NDPS case - Vehicle in question was found in possession of petitioner - There is no reason to deny interim custody of vehicle to owner or person entitled to get possession of vehicle - If vehicle is allowed..........
