Code of Criminal Procedure, 19973; Section 482- Though inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal proceedings which are essentially of a civil nature -Where a dispute which is essentially of a civil …
Code of Criminal Procedure, 1973; Section 482- Principles governing the exercise of jurisdiction under Section 482 CrPC by High Courts vis-à-vis quashing of an FIR, criminal proceeding or complaint reiterated – Referred to Gian Singh v. State of Punjab, (2012) 10 SCC 303 [Appellant neither entered into any settlement with the Accused Persons nor was …
Anil Mishra vs State Of UP 2024 INSC 189 :: [2024] 3 S.C.R. 385 – S 482 CrPC Read More »
Code Of Criminal Procedure, 1973; Section 482 – Merely filing of the charge-sheet cannot be a ground for non-suiting a party in a petition under Section 482 Cr.P.C. Whether the case is a fit case for quashing of the proceedings on the parameters laid down by this Court in various judgments is required to be …
Code Of Criminal Procedure, 1973; Section 482 – Appeal against HC judgment that refused to quash FIR allowed – Criminal prosecution should not be allowed to continue where the object to lodge the FIR is not for criminal prosecution and for punishing the offender for the offence committed but for recovery of money under coercion …
Code of Criminal Procedure, 1973; Section 482 – While exercising such inherent powers what is required to be examined is only the prima facie existence of the offence sought to be quashed -t the Court was required to consider was whether any of the well-established grounds that are enumerated in judgments in State of Haryana …
Navin Kumar Rai vs Surendra Singh 2024 INSC 116 – S 482 CrPC – Registration Act Read More »
Code of Criminal Procedure, 1973; Section 482 -Without undermining the powers of the High Court under Section 482 of Cr.PC to quash the proceedings if the allegations made in the FIR or complaint prima facie do not constitute any offence against the accused, or if the criminal proceedings are found to be manifestly malafide or …
Code Of Criminal Procedure, 1973; Section 482 – In recent years the machinery of criminal justice is being misused by certain persons for their vested interests and for achieving their oblique motives and agenda. Courts have therefore to be vigilant against such tendencies and ensure that acts of omission and commission having an adverse impact …
Vishal Noble Singh vs State Of Uttar Pradesh 2024 INSC 85 – S 482 CrPC, Ss 420, 467 IPC Read More »
Code of Criminal Procedure, 1973; Section 582 – Negotiable Instruments Act, 1881 ; Section 138 – Classification of the underlying debt or liability as being barred by limitation is a question that must be decided based on the evidence adduced by the parties -The question regarding the time barred nature of an underlying debt or …
Code of Criminal Procedure, 1973; Section 204 – While it is true that at the stage of issuing summons a magistrate only needs to be satisfied with a prima facie case for taking cognizance, the duty of the magistrate is also to be satisfied whether there is sufficient ground for proceeding- At the stage of …
Code of Criminal Procedure, 1973; Section 197 – Section 197 Cr.PC does not extend its protective cover to every act or omission of a public servant while in service. It is restricted to only those acts or omissions which are done by public servants in the discharge of official duties – The object of such …