Indian Penal Code, 1860, Section 341, 323, 504 -- Quashing of proceedings - Delay of 9 days in lodging FIR - Plea of being hospitalized not supported by any material on record - Sharp weapon injury on face alleged but said allegation not supported by medico legal report - No external injury revealed in medical examination - Statement patently concocted and not worthy of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceeding - Assault - Respondent No.2 has stated in most categorical terms that he did not desire to pursue with the case against petitioner further as he was his younger brother and that he had forgiven him for his action - Dispute was of private nature as complainant and accused were brothers - Held,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - At behest of third party - An FIR can not be quashed at the behest of third party or at the instance of a person who is not accused - Court cannot interfere with investigation process at the behest of a person whose name does not figure as accused in FIR - Petition dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings at initial stage - Exercise of power - Held, where criminal proceeding is sought to be quashed at initial stages, essential question to be looked into is whether uncontroverted allegations made prima facie establish an offence - If there is any special features present in a particular case, that..........
Prevention of Corruption Act, 1988, Section 13(1), 13(2), Indian Penal Code, 1860, Section 420, 201, 120B -- Corruption case against former Chief Minister - Quashing of FIR -Imputations leveled in FIR to proceed against petitioner, a former Chief Minister of State, in the facts and circumstances presented in the case, not only do not make out any offence to proceed against..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 147, 148, 149, 323, 307, 452, 506 -- Quashing of proceedings - Compromise - Offence u/ss 147, 148, 149, 323, 307, 452, 506 IPC - Offences of personal nature - Alleged offences are neither heinous offences nor against society - Continuation of criminal proceedings would tantamount to abuse of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420 -- Quashing of FIR at initial stage - Criminal breach of trust and cheating - Held, when investigation is in progress Court would not be justified in concluding that there is no material to allow investigation process to continue and/or to quash FIR at this stage and thereby to foreclose..........
Negotiable Instruments Act, 1881, Section 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Director - Quashing of proceedings - Company has not been made an accused in complaint case which is filed only against petitioner describing him in his official capacity - Held, cognizance taken against petitioner for..........
Indian Penal Code, 1860, Section 467, 468, 471 -- Forgery - FD in the joint account - By making an endorsement the same converted into single account without knowledge of the other holder - Constitutes offence u/ss 467, 468 & 471 IPC - Quashing u/s 482, held, not justified...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Proceeding initiated u/s 138 of N.I. Act sought to be quashed on ground that there was proceeding `stop payment" instruction - Held, proceedings cannot be quashed on ground of "stop payment" instruction - Rather in view of..........
