Criminal Procedure Code, 1973, Section 482, 362 -- Review of order - Permissibility - Under S.362 Cr.P.C. criminal Court is not legally competent to alter its final judgment announced or final order announced except to correct clerical or arithmetical error...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 136 -- Quashing of order taking cognizance - Appeal before Supreme Court - Appeal by private parties - Maintainability - Locus standi - Appellants have precise connection with the matter at hand and thus have locus to maintain this appeal - Moreover, it may not be possible to strictly..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Vicarious liability - It is evident from record that present petitioner is director and share-holder of company and company runs business of giving software solutions to its customers - Apart from this, company..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 320, 482 -- Offence u/ss 498-A, 34 IPC and Ss.3, 4 of Dowry Prohibition Act - Non-compoundable offences - Compromise - Quashing of charges - Parties entered into compromise and settled their disputes - Complainant is living peacefully with..........
Criminal Procedure Code, 1973, Section 482 -- Imposition of costs - Publicity interest litigation filed in garb of PIL - Such type of publicity interest litigation should be discouraged which result in wastage of valuable time of Court - Petitioner directed to pay costs of Rs.10,000/-...........
Indian Penal Code, 1860, Section 468, 471, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Criminal case cannot be registered only on the basis of disclosure statement of co-accused without any supporting material - FIR and consequential proceedings qua petitioner quashed...........
Criminal Procedure Code, 1973, Section 311, 482 -- Order passed u/s 311 Cr.P.C. - Not an interlocutory order - Revision is maintainable against such order - Petition u/s 482 Cr.P.C. not maintainable as remedy u/s 482 Cr.P.C. would is available when there is no remedy under Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Second revision petition in the shape of petition u/s 482 Cr.P.C., except in exceptional circumstances, not maintainable in view of provisions of Cr.P.C...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A IPC - Compromise - Quashing of FIR - Non-compoundable offences are basically an obstruction in entering into compromise - However, notwithstanding the fact that offence u/s 498-A IPC is a no, compoundable offence, there should be no impediment in quashing FIR u/s 498-A..........
Criminal Procedure Code, 1973, Section 482 -- Inherent power u/s 482 Cr.P.C. - Is meant to deal with the situation in the absence of express provision of law to secure the ends of justice such as: (a) where the process is abused or misused; (b) where ends of justice cannot be secured; (c) where process of law is used for unjust or unlawful object; (d) to avoid the causing..........