Criminal Procedure Code, 1973, Section 197, 482, Indian Penal Code, 1860, Section 427 -- Sanction for prosecution - Quashing of proceedings - Offence u/s 427 IPC - Magistrate illegally taken cognizance of offence summoning accused u/s 427 IPC, which is ex facie bad for want of sanction - Summoning order and complaint quashed for want of sanction...........
Indian Penal Code, 1860, Section 376 -- Rape - Quashing of FIR - Commission of offence is made out from bare reading of contents of FIR - As regarding contentions of accused that complainant is a habitual blackmailer and she lodged false FIR with intention to extort money cannot be taken into consideration at this stage - Petition for quashing dismissed...........
Police Act, 1861, Section 46(2), 2 -- Uttar Pradesh Sub-Inspectors and Inspectors (Civil Police) Service Rules, 2008, R.15(b) [as amended by amendment Rules of 2015) - Post of Sub-Inspector of Police - Application of Normalisation of marks - Petition seeking quashing of results - Contention of candidates who has secured more than 50% actual marks, that those candidates who..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Investigation made so far reveals that complaint is motivated - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482 -- Second quashing petition - Maintainability - There is no bar for preferring of a second quashing petition, but at the same time party filing second application has to justify why second petition is required to be entertained...........
Criminal Procedure Code, 1973, Section 482 -- Second quashing petition - Applicant suppressed the material fact regarding earlier petition for quashing being filed and withdrawn by him - Suppression being relatable to question of maintainability was a material suppression - Petitioner thus, not entitled to discretionary relief - Second quashing petition dismissed with..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR can be quashed in exercise of power u/s 482 Cr.P.C where a report u/s 173 Cr.P.C is not filed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 511, 506 -- Quashing of FIR - Offence u/ss 384, 511, 506 - No overt act alleged in FIR and it has only been vaguely stated that accused is threatening to implicate complainant in a false rape case - Provision of S.506 IPC not attracted - Even with respect to offence of extortion/attempt to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Whether or not accused has repaid the entire amount, is a question which can only be decided on basis of evidence led before trial Court - Even, authorized person having due knowledge of factum of transaction of having witnessed the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 427, 447, 379, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(G)(S), 3(2)(S)(A) -- Quashing of FIR - Compromise - Offence u/ss 427, 447, 379 IPC and Ss.3(G)(S), 3(2)(S)(A) of SC/ST Act - Dispute between parties has already been settled amicably - Complainant..........
