Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings under Ss.498-A, 304-B IPC and Ss.3, 4 Dowry Prohibition Act - Application of IO for further investigation allowed - IO reported that applicants were falsely implicated and death of deceased was natural - Also post..........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Complaint u/ss 406 & 498-A IPC - No allegation as regards offence u/s 498-A IPC - No allegation of any torture for dowry - Position different so far as allegation in relation to offence u/s 406 IPC is concerned - Proceedings u/s 498-A IPC quashed...........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Charge sheet filed and charges framed - Question of quashing FIR does not arise...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Principles governing - (i) A complaint can be quashed where the allegations made in the complaint, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out the case alleged against the accused; (ii) A complaint may also be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Sought on ground that complaint not filed within time on the basis of first notice - Issue as to whether the first notice was served or sought to be served by the postman on the accused has to be decided on the basis of evidence and postman concerned has to step in the witness..........
Food Corporation of India (Staff) Regulations, 1971 -- Regulation 60 - Regulation 60 - Regulation 60 - Misconduct - Charge sheet - Quashing of charge sheet - Petitioner was the Chairman of the Committee which was supposed to decide on the rate of rent to be fixed - He made recommendation for enhancement of rent of Rs. 1.20 per squared feet which was not accepted and rent..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Quashing of - Prima facie ingredients of offence u/s 138 of the Act satisfied - Plea that amount was disputed and that by practising fraud and dishonesty complainant presented the cheque to be proved during trial - Order taking cognizance suffers no infirmity or illegality - Court in..........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Quashing of - I.O. had submitted the Police Report containing materials which he had collected during investigation - Magistrate on receipt of police report had considered the same judicially and being satisfied that a prima facie case is made out for offences had taken cognizance of offences - Held,..........
Indian Penal Code, 1860, Section 498A, 342, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 342, 506 IPC - Quashing of charge-sheet - Inter-state jurisdiction - As per FIR alleged offence took place in territory of `U' - Since trial of offence shall be done ordinarily within territorial jurisdiction of Court where such offence has been committed -..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Writ petition for quashing the sanction - Sanctioning authority must apply its mind and there must be sufficient materials for granting sanction - In the instant case sanction for prosecution very detailed order and contents thereof show that all the aspects of the case and material..........
