Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petition can be filed u/s 482 Cr.P.C for quashing of charge sheet even before framing of charges and it would not be in the interest of justice to reject the application merely on the ground that accused concerned could argue legal and factual issues at the time of framing of charges...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A IPC - Quashing - Courts to consider the contentions that there is lack of specific allegations against accused concerned to constitute the offence(s) against a relative or that the implication was nothing but an over implication to pressurise the family of husband to..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted by imposing condition of demolishing the wall at the expense of appellants and handing over possession of disputed property to complainant - Condition imposed clearly tantamount to deprivation of civil rights, rather than measures to ensure the accused's presence during trial - Condition set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - In such proceedings, personal appearance of accused should ordinarily not be insisted upon, if application is moved for a particular hearing, unless the trial court needs to either examine the under-trial or his statement is to be otherwise recorded for..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering bail application apart from seriousness of charges and severity of punishment, paramount consideration should be given to whether there are chances of absconding or tampering with the witnesses or intimidation to victim or witnesses on the part of accused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Bail application of an unconvicted person should not be rejected for the purpose of giving him a taste of imprisonment as a lesson or as a mark of disapproval of his conduct...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Bail - Cheating - No averment from prosecution's side that there are chances of absconding or tampering with the witnesses or intimidation of victim or witnesses on the part of accused who is a lady - She is in jail since 12.10.2023 and till date charge has..........
Criminal Procedure Code, 1973, Section 294 -- Documents - Defence repeatedly continued to admit the genuineness of prosecution documents - Documents can be read in evidence without formal proof...........
Indian Penal Code, 1860, Section 353, Criminal Procedure Code, 1973, Section 482 -- Assault - Shouting and threatening staff - This by itself does not amount to any assault - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Correctness of the allegations is not to be tested at the stage of considering an application for quashing...........
