Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Criminal proceedings can be quashed if initiation or continuance of the criminal proceedings amounts to abuse of the process of Court or quashing of the proceedings would otherwise serve the ends of justice, when no offence is disclosed by the complaint...........
Criminal Procedure Code, 1973, Section 482, Protection of Civil Rights Act, 1955, Section 7, Constitution of India, 1950, Article 21 -- Trial pending for 19 years - Speedy Trial - Delay - Seriousness of offence and why delay has occurred to be seen - Appellant filed 3 revision petitions and contributed in delay - Case for quashing not made out...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A - Dispute amicably settled - Joint petition by complainant and accused for quashing the criminal case - No chances of prosecution ending in conviction - Continuation of prosecution would amount to abuse of process of Court - Prosecution quashed to secure ends of justice...........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - While exercising jurisdiction under section 482 Cr.P.C. it is not permissible for the court to act as if it was a trial Judge - Even at the stage of framing of charge, the court has to only prima facie to be satisfied about the existence of sufficient ground for proceedings against the..........
Prevention of Corruption Act, 1988, Section 5(2) -- Powers of sanctioning authority - Two accused - Sanction earlier not granted against one accused but the departmental proceedings initiated against him - Sanction granted against first accused - Supplementary charge with fresh sanction to prosecute both the accused filed - At the time of fresh sanction against both the..........
Indian Penal Code, 1860, Section 406, 420 -- Quashing of proceedings under Section 482 Cr.P.C. - Complaint against Chief Manager of a Bank by an employee who was dismissed for misappropriation of Rs.2,00,000/- by misusing his official position, that his gratuity amount had been illegally withheld - Held that gratuity is a matter of calculations as per provisions of law and..........
Criminal Procedure Code, 1973, Section 482, 211 -- Charge - Quashing of charge - Principle to be adopted by the High Court should be that if the entire evidence produced by the prosecution is to be believed, would it constitute an offence or not - The truthfulness, the sufficiency and acceptability of the material produced at the time of framing of charge can be done only..........
Constitution of India, 1950, Article 136, Criminal Procedure Code, 1973, Section 482, 397, 401 -- Quashing of criminal complaint - Delay in prosecution - Quashing of complaint by High Court improper - Contention that complaint was filed as early as in 1983 and serious prejudice would be caused to accused at this stage in case further proceedings are taken - Accused at..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Quashing of criminal complaint by High Court on ground that Special Judge was erred in taking cognizance of the offence against the accused persons - Held, not justified - High Court should have give reasons as to why the Special Judge erred in taking cognizance of the offence - Hence, order sets aside...........
Criminal Procedure Code, 1973, Section 482 -- Several accused - Quashing of compliant by High Court with regard to those accused who had not approached it - Not justified - Held, if these accused were really aggrieved by issuance of summons against them, they should have approached the High Court and challenged the same in appropriate proceedings - Hence, High Court was..........
