Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Principles governing - (i) A complaint can be quashed where the allegations made in the complaint, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out the case alleged against the accused; (ii) A complaint may also be..........
Criminal Procedure Code, 1973, Section 482 -- Inherent power - If there is any express provision in a statute governing particular subject matter, there is no scope for invoking the inherent power of the Court...........
Criminal Procedure Code, 1973, Section 482 -- Conviction - Some of accused not challenging conviction - If on evaluation of case Court comes to conclusion that no conviction of any accused is possible, the benefit of that decision must be extended to the co-accused, similarly situated, though he has not challenged the order by way of an appeal...........
Indian Penal Code, 1860, Section 498A, 342, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 342, 506 IPC - Quashing of charge-sheet - Inter-state jurisdiction - As per FIR alleged offence took place in territory of `U' - Since trial of offence shall be done ordinarily within territorial jurisdiction of Court where such offence has been committed -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504 -- Offence u/ss 323, 504 IPC - Three accused - Applicant absented himself during trial - Case of other two co-accused separated - Complainant became hostile and stated that he could not see his assailants - Both accused acquitted - Held, that case of applicant was covered by principle of..........
Indian Penal Code, 1860, Section 366, Criminal Procedure Code, 1973, Section 482 -- Marriage against wishes of father of wife - Father of wife lodged FIR u/s 366 IPC - Affidavit filed by wife that she married against wishes of her parents - Wife present in Court admitting averments of affidavit - FIR quashed...........
Indian Penal Code, 1860, Section 500, 499, Criminal Procedure Code, 1973, Section 482 -- Defamation - Scathing attack by accused on the character and conduct of complainant - Defences available to accused with which he can justify such an allegation, cannot be gone into while exercising jurisdiction u/s 482 Cr.P.C. - Even if the imputations are covered by Exception 9 of..........
Criminal Procedure Code, 1973, Section 319, 482 -- Triple murder - Summoning of additional accused - Challenge thereto - Petitioner summoned as additional accused by Magistrate after rejecting final report submitted by investigating agency - Magistrate considered affidavits of witnesses and evidence collected by investigating agency and passed a detailed order - Held, no..........
Criminal Procedure Code, 1973, Section 482 -- Inherent power of High Court - Exercise of - (1) That the power is not to be resorted to if there is a specific provision in the Code for the redress of the grievance of the aggrieved party; (2) That it should be exercised very sparingly to prevent abuse of process of any Court or otherwise to secure the ends of justice; (3)..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Exercise of - Trial court exercising its discretion has allowed the petition filed u/s 311 Cr.P.C. - Challenge thereto - Held, impugned order cannot be said as violative of any provision of the Code of Criminal Procedure or any other law in force - Therefore, there is no question of preventing any abuse of..........
