Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Offences under Sections 283 and 427 of IPC - FIR registered against the petitioners for operating a car workshop in a residential area - Petitioners sought quashing of the FIR and all proceedings arising from it - Counsel for petitioners argued that the FIR was registered due to multiple litigations with the landlord and that the offe...
Criminal Procedure Code, 1973 – Sections 468 and 469 – Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 – Sections 6, 7A and 12 – Quashing of FIR, report under Section 173 Cr.P.C. and subsequent proceedings – Limitation for taking cognizance of offence – Maximum sentence prescribed under Section 12 – Knowle...
Section 482 - FIR under SC/ST Act - Quashing of - Test to determine – Held - while exercising its power to quash an FIR under Section 482, the High Court must determine whether the allegations made in the complaint, prima facie, constitute an offence, and whether the allegations are so improbable that a prudent man would not conclude that there is sufficient ground to proceed with the compla...
Criminal Procedure – Quashing of FIR – High Court issued oral directions to restrain arrest without written order – Supreme Court highlights that oral observations are not part of judicial record – Written orders are binding and enforceable – Administration of criminal justice involves public interest, not just a private matter between parties – Oral directions ...
Criminal Law – Quashing of Criminal Proceedings – Stage of Framing of Charge – Appellant challenged the High Court's decision to quash proceedings under Section 482 CrPC – Supreme Court held that the High Court should not evaluate the evidence on merits at this stage – Strong suspicion against the respondent based on the FIR and investigation, including recovery o...
Quashing of FIR – Inherent Powers of High Court – The Supreme Court held that the High Court erred in quashing the FIR under Section 482 CrPC without considering the investigation materials and statements collected. The High Court is not to delve into the merits of the case or conduct a trial while exercising its inherent powers. [Paras 9.1-9.3]
Serious Triable Allegations – T...
Insecticides Act – Misbranding – Quashing of Complaint – The appellants challenged the criminal complaint on the grounds that the complaint was barred by limitation, that there were procedural delays in sample testing, and that the Magistrate did not follow the prescribed procedure under Section 202 CrPC. The Supreme Court held that the complaint was indeed barred by limitation a...
Penal Code – Voluntarily Causing Hurt – Summoning Order – Quashing – The delay in filing the private complaint and material improvements from the earlier NCR No. 158/2012 noted – Trial courts have a duty to prevent frivolous litigation at the initial stage – Summoning order quashed [Paras 1-20].
Evidence Act – Judge's Power – Section 165 &ndas...
Criminal Procedure Code – Section 482 – Quashing of FIR – High Court cannot pass a blanket order of protection from arrest – Proceedings ended once High Court declined to quash the FIR – Remedies under CrPC available to accused for protecting liberty – Blanket direction impedes investigation – Appeal allowed, High Court order set aside [Paras 2-11].
Jud...
Criminal Law – Rape – Consent and Misconception of Fact- The relationship between the appellant and the second respondent was consensual and lasted for one and a half years. The appellant's subsequent refusal to marry the respondent does not amount to a false promise at inception, which is necessary to establish a "misconception of fact" under Section 375 IPC. The Supreme...