Code of Criminal Procedure 1973- Section 482 –A petition to quash the FIR does not become infructuous on submission of a police report under Section 173 (2) of the CrPC- But when a police report has been submitted, particularly when there is no stay on the investigation, the Court must apply its mind to the …
The Supreme Court, in its judgment delivered today in Achin Gupta vs State Of Haryana 2024 INSC 369, while quashing an FIR registered under Section 498A IPC reiterated its ‘read between the lines’ principle of quashing criminal proceedings. Last year, in Mahmood Ali & Ors. v. State of U.P, it was observed thus: When an …
‘Read Between The Lines’ Principle Of Quashing Criminal Cases U/S 482 CrPC Read More »
Code Of Criminal Procedure, 1973; Section 482 – High Court quashed an FIR – Allowing appeal, SC observed: High Court has hastily concluded that there is no evidence to show meeting of minds between the other accused persons and the Respondents which in our considered opinion, can only be decided after a thorough examination of …
State Of Odisha vs Nirjharini Patnaik @ Mohanty 2024 INSC 346 – S 482 CrPC Read More »
Code Of Criminal Procedure, 1973; Section 482- High Court quashed the First Information Report for the offence under Section 7(a) of the Prevention of Corruption Act – Allowing appeal, SC held: despite the accused having been exonerated in the departmental proceedings yet the competent authority, vide Annexure P3 proceeded to accord sanction for prosecution. The …
Sanju Ranjan Nayar vs Jayaraj 2024 INSC 331 – S 482 CrPC Read More »
Code Of Criminal Procedure, 1973; Section 482 -Merely because the charge-sheet is filed cannot be a ground for the High Court to not invoke its jurisdiction under Section 482 of the Cr.P.C.-The Court would not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in …
Code Of Criminal Procedure, 1973; Section 482 -Quashing a cheating case, SC observed: The matter was purely civil in nature. It was a case of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of …
Revenue Records – Revenue records are not documents of title; and nor would any findings pursuant to revenue proceedings under the Code confer any rights, title or interest – Questions of title can only be determined by a civil court of competent jurisdiction. Code Of Criminal Procedure, 1973; Section 482 – Principles governing the exercise …
Indian Penal Code, 1860; Section 306 -Mere statement in suicide note that ‘ X will be responsible for his suicide’ would not be a ground at all to issue summons to X to face the trial for the offence under Section 306, IPC. (Para 24) Code Of Criminal Procedure, 1973; Section 204, 482- A petition …
Code Of Criminal Procedure, 1973; Section 482 – Appeal against HC order that quashed an FIR alleging withdrawal of salary by accused for the period was on unauthorized foreign trips and also withdrawal of salary by producing false medical certificate – Allowing appeal, SC observed: The allegations against the accused are of defrauding the State. …
State Of Haryana vs Dr. Ritu Singh 2024 INSC 263 – S 482 CrPC – Quashing – Compromise Read More »
Indian Penal Code, 1860; Section 415,420 –For attracting the provision of Section 420 of IPC, the FIR/complaint must show that the ingredients of Section 415 of IPC are made out and the person cheated must have been dishonestly induced to deliver the property to any person; or to make, alter or destroy valuable security or …
AM Mohan vs State 2024 INSC 233 – Ss 415,420 IPC – S 482 CrPC Read More »