Criminal Procedure Code, 1973, Section 482 -- Maintainability of petition u/s 482 Cr.P.C. as alternative remedy of filing revision petition u/s 397 Cr.P.C. available - Summoning of petitioner by Magistrate under Prevention of Food Adulteration Act - Petition u/s 482 Cr.P.C. dismissed by High Court holding that petitioner had a remedy of filing revision under 397 Cr.P.C.-..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Medical negligence - Two views by medical experts - One view that there was negligence and another view that there was no negligence - Which opinion would ultimately prevail is essentially a question to be determined by trial Court after evidence is led by both the parties at the trial -..........
Water (Prevention and Control of Pollution) Act, 1974, Section 44, 47, Criminal Procedure Code, 1973, Section 482 -- Discharge of trade effluent into river without treatment - Continuation of proceedings for 23 years - Not a ground to quash proceedings in matter of this nature which affects public health - Court cannot afford to deal lightly with cases involving pollution..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Petition to quash order of cognizance - Concurrent findings of fact of two Courts below not open to interference - Accused to produce relevant documents in support of his evidence...........
Punjab Panchayati Raj Act, 1994, Section 13A, Punjab Panchayat Election Rules, 1994, Rule 45(2), Criminal Procedure Code, 1973, Section 482 -- Election of Sarpanch - Power of High Court - High Court can quash proceedings even when remedy is available under Panchayati Raj Act and Rules...........
Forest Act, 1927, Section 61A, 61B, 61D -- (As In Maharashtra) - Vehicle involved in Forest offence - Confiscation of vehicle - Order of confiscation of truck passed by Assistant Conservator of Forests u/s 61-A of the Act - Appeal against - Dismissed - Writ against - Also dismissed - Held, that State is duty bound to preserve the forests so as to maintain ecological..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Quashing at pre-execution stage - Held, that petition for quashing the detention order is maintainable at the pre-execution stage and Court can issue a writ in the nature of certiorari to quash the impugned detention order and also a writ in nature of..........
Criminal Procedure Code, 1973, Section 482, 320 -- Compromise in an offence which is non compoundable - High Court can quash proceedings or FIR even when offence is not compoundable only when offence is akin to a civil nature and not when offence is of serious nature like those u/ss 395, 307 or 304-B IPC - Guiding principles and criteria left open for decision by a larger..........
Indian Penal Code, 1860, Section 420, 467, 471, Criminal Procedure Code, 1973, Section 320, 482 -- Offence of cheating is compoundable but not the offence of forgery, but High Court in exercise of its inherent powers can quash criminal proceedings as Section 320 Cr.P.C. does not limit or affect the power of High Court u/s 482 Cr.P.C...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 447, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3 of SCST Act and u/ss 447, 427, 506 IPC - Allegation that appellant abused complainant in the name of their caste - No allegation that appellant was not a member of SC & ST..........
