Criminal Procedure Code, 1973, Section 482, 202, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque - Issue of process has not been issued - Held, for holding an inquiry for the offence u/s 138 of NI act issuance of summons is not attracted...........
Criminal Procedure Code, 1973, Section 482, Northern India Canal and Drainage Act, 1873, Section 70 -- Quashing of FIR - Offences - Petitioners had made a hole in the Bann and were irrigating their fields without any right to make a hole in Bann - FIR was lodged by Public Servant in discharge of his official duty - Charges have already been framed against the petitioners -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 328, 380, 420, 120B -- Quashing of FIR - Occurrence of incident about 1 1/2 years and allegations against petitioner are vague - No particulars of said occurrence are mentioned - Complainant?s main grievance is for mother of petitioner for administering poisonous substance, exploiting his..........
Criminal Procedure Code, 1973, Section 482, Haryana Urban Development Authority Act, 1977, Section 17 -- Quashing of resumption order - Failure to pay due amount towards allotment of plot - Respondents had issued exceptions in guidelines with regard to no, payment of allotment amount if allottees has to incur major financial expenditure on treatment of serious diseases..........
Criminal Procedure Code, 1973, Section 446, 482 -- Quashing of Order - Accused absented - Intentional or Unintentional - Accused was arrested in another theft case and was confined to jail - Circumstances were beyond the control of appellant - Appellant placed on record final report and memo of arrest which shows due to involvement of accused in theft case, he was unable..........
Criminal Procedure Code, 1973, Section 82, 482 -- Quashing of order - Proclaimed offender - Plea of summons issued on previous address - Material available on record reveals petitioners are very much aware of criminal Proceedings pending before court - First time final report was presented before area judicial magistrate and since then petitioners were tracking proceedings..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 482 -- Dishonour of cheque - Application of respondent firm seeking permission of Court to lead evidence of one of partners of firm to prove some facts, allowed by Magistrate - Quashing of order - Applicant did not challenge the said order and also participated in the proceedings -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Complaint make it evident that allegation against petitioners is in regard to entrustment of istridhan, misappropriation and demand of dowry - Charges has already been framed against petitioner - After framing of charges criminal proceedings can be quashed only in rarest of rare case - Case not fall..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Non grant of benefit of ACP - Delay and laches - Petitioner was not granted 3rd ACP and increment, which was due in year 2006 - Petitioner retired from service in year 2008 - Petition filed in 2015 claiming benefit which allegedly accrued to petitioner in year 2006 - Petition filed after more than 6 years of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A, 201, 467, 471 -- Quashing of FIR - Death due to medical negligence - Complainant alleges that deceased died due to medical negligence on the part of petitioner and in order to cover up the negligence, false report had been prepared - Petitioner was not found guilty as per two enquiries..........
