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Tag: Quashing – CrPC S. 482

Section 482 in The Code Of Criminal Procedure, 1973

482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

Criminal Procedure Code, 1973 Section 482 – Evidence Act, 1872 Section 27 – Expert report not produced – Mixing of petrol/diesel – Proceedings quashed. [SupremeCourtOnline 445604]

However, the respondent did not provide an expert's report confirming the precise nature of the liquid - Despite sending samples ...

CrPC S. 210 – FIR already registered – Private complaint – Magistrate issuing summoning order – It was incumbent upon the trial Court to stay the proceedings of the inquiry/trial and call for a report on the matter from the Police Officer conducting the investigation – Summoning order passed in derogation of the procedure as prescribed under Section 210 Cr.P.C. – Quashed. [PLRonline 418666]

(2023-2)210 PLR 697 PUNJAB AND HARYANA HIGH COURT Before: Justice Pankaj Jain. GURBACHAN SINGH and Others - Petitioners Versus STATE ...

[SC] CrPC S. 482 – Quashing – Duties of court – In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines. [(2023-2)210 PLR 631 (SC)]

Mahmood Ali v. State of UP, (2023-2)210 PLR 631 (SC) When an accused invokes the inherent powers under section 482 ...

CrPC S. 482 – Quashing – Types of materials the High Court can assess to quash an FIR – Court drew a fine distinction between consideration of materials that were tendered as evidence and appreciation of such evidence – Only such material that manifestly fails to prove the accusation in the FIR can be considered for quashing an FIR. 2004 SupremeCourtOnline 0101 (SC)

State of Andhra Pradesh v. Goloconda Linga Swamy, (2004) 6 SCC 522. SUPREME COURT OF INDIA Before:- S.N. Variava and ...

FIR – If the core features of an offence are not stated, would not be a first information report relating to commission of a cognizable offence, as contemplated under S. 154 and that would mean that no investigation can be initiated by the police upon such an information.

IPC, S. 383 - Not only putting a person under fear of any injury and dishonestly inducing the person so ...

CrPC S. 482 – Summoning of the accused of such serious offence cannot be a mechanical exercise in the facts and circumstances of the case. [PLRonline 302000 SC]

CrPC S. 482 – Quashing – Court summarised some categories of cases where inherent power can and should be exercised to quash the proceedings.

Court can exercise its powers to quash a criminal complaint, provided that the evidence adduced is clearly inconsistent with the ...

CrPC S. 82 – Quashing – What evidence and material the High Court can get into in cases where a prayer for quashing a complaint

Court elaborated on what evidence and material the High Court can get into in cases where a prayer for quashing ...

CrPC S. 482 – Quashing – Broad guidelines for quashing a criminal complaint.

Broad guidelines for quashing a criminal complaint as under:- “In the backdrop of the interpretation of the various relevant provisions ...

CrPC S. 482 — Inherent Powers of High Court — Quashing – Where the process of the Court is sought to be abused by a person with some oblique motive, the Court has to thwart the attempt at the very threshold

Criminal Procedure Code, 1973 — S. 482 — Inherent Powers of High Court — Quashing — IPC S. 452, 376(d) ...

Limitation Act S. 5 – Merely because sufficient cause has been shown, a party is not entitled to the condonation of delay in question as a matter of right if sufficient cause is not proven – Commercial Courts Act 2015

Partial Compromise – Quashing – Allowed.

Mr. Hitesh Verma, for the petitioner. Mr. Sarabjit S. Cheema, AAG, Punjab. Mr. Durga Dutt Sharma, for respondent No.2. Criminal ...

CrPC S. 482 – Quashing – The impugned judgment and order passed by the High Court is a cryptic, non-reasoned, nonspeaking order – Set aside – After recording the submissions made by learned counsel for the parties, and thereafter by passing one paragraph order without assigning any further reasons, the High Court has allowed the application .

CrPC S. 482 – Quashing - The impugned judgment and order passed by the High Court is a cryptic, non-reasoned, ...

CrPC S. 482 – While quashing the criminal proceedings, the High Court has observed that no useful purpose will be served by prolonging the proceedings of the case – The aforesaid cannot be a good ground and/or a ground at all to quash the criminal proceedings when a clear case was made out for the offences alleged.

CrPC S. 482 – While quashing the criminal proceedings, the High Court has observed that no useful purpose will be ...

NIA S. 138 – CrPC S. 482 – – Burden of proving that there is no existing debt or liability, is to be discharged in the trial – When there is legal presumption, it would not be judicious for the quashing Court to carry out a detailed enquiry on the facts alleged, without first permitting the trial Court to evaluate the evidence of the parties

Negotiable Instruments Act, 1881, S. 138 – Companies Act, 2013 S. 56(1) – Criminal Procedure Code, 1973, S. 482 – ...

CrPC S. 482 – Court should be slow to grant the relief of quashing a complaint at a pre-trial stage, when the factual controversy is in the realm of possibility particularly because of the legal presumption – NIA S. 138

Criminal Procedure Code, 1973, S. 482 – Negotiable Instruments Act, 1881, S. 138 – Court should be slow to grant ...

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Tag: Quashing – CrPC S. 482

Criminal Procedure Code, 1973 Section 482 – Evidence Act, 1872 Section 27 – Expert report not produced – Mixing of petrol/diesel – Proceedings quashed. [SupremeCourtOnline 445604]

FIR – If the core features of an offence are not stated, would not be a first information report relating to commission of a cognizable offence, as contemplated under S. 154 and that would mean that no investigation can be initiated by the police upon such an information.

CrPC S. 482 – Summoning of the accused of such serious offence cannot be a mechanical exercise in the facts and circumstances of the case. [PLRonline 302000 SC]

CrPC S. 482 – Quashing – Court summarised some categories of cases where inherent power can and should be exercised to quash the proceedings.

CrPC S. 82 – Quashing – What evidence and material the High Court can get into in cases where a prayer for quashing a complaint

CrPC S. 482 – Quashing – Broad guidelines for quashing a criminal complaint.

CrPC S. 482 — Inherent Powers of High Court — Quashing – Where the process of the Court is sought to be abused by a person with some oblique motive, the Court has to thwart the attempt at the very threshold

Partial Compromise – Quashing – Allowed.

CrPC S. 482 – Court should be slow to grant the relief of quashing a complaint at a pre-trial stage, when the factual controversy is in the realm of possibility particularly because of the legal presumption – NIA S. 138

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