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Where the wife is set to implicate the entire family of the husband in a criminal case, it is to be expected that through her lawyer she would get a complaint properly drafted making some specific allegations against each of the family members.
Allahabad High Court said that, while deciding an application under Section 482 CrPC, it can only examine whether the case for trial of the accused person is made out on the basis of prosecution allegations and the material collected in support thereof.
“Investigating Agency seeks proclamation order from the court concerned so as to exert the pressure upon the person concerned and the court concerned without taking care of specific procedure issues proclamation under Sections 82/83 CrPC in a cursory and mechanical manner.”
The Supreme Court was deciding the appeal against Allahabad High Court’s order wherein it had held that the petitioner could not continue to challenge the proceedings when he had not raised objections to the charge sheet or cognizance order in his first petition under Section 482 Cr.P.C.
The present case is “nothing but the assimilation of personal and political antipathies, more precisely, a politically oriented-animosity, which makes the petitioner’s prosecution malicious.”
Dismissing the revision petition filed for quashing of FIR and criminal proceeding against the petitioner/husband, the Court held that prima facie case of a cognizable offence of cruelty can be make out against the petitioner/husband therefore inherit power of High Court under S. 482 CrPC cannot be exercised.
The petitioners have told the Court that though they are not directly affected by Rajasthan High Court’s order, they had approached the Court as the State, which is the Guardian of the interests of the persons living in the State, has chosen not to appeal and if the accused teacher will go unpunished in this case, not only him but other teachers may also commit similar offences with girls in future.
Rajasthan High Court: The Court exercising its inherent powers under Section 482 of Criminal Procedure Code (Code), quashed the First
Delhi High Court: In a case filed under Section 482 of Criminal Procedure Code, by an accused who happens to
Jharkhand High Court: Sanjay Kumar Dwivedi, J., quashed the criminal proceeding registered under Sections 420, 406, 34, 120-B of the Penal Code
Punjab and Haryana High Court: In the case relating to the compundable offence under Section 420 of the Penal Code, 1860 and
Delhi High Court: Asha Menon, J. refused to allow a petition filed under Section 482 CrPC seeking quashing of summoning order passed
Delhi High Court: Rajnish Bhatnagar, J., expressed that the Court in the exercise of its jurisdiction under Section 482 CrPC cannot go
“Forum shopping has been termed as disreputable practice by the courts and has no sanction and paramountcy in law.”
“Posting & sharing unhealthy materials with unparliamentary language and remarks, etc. on social media without any solid basis cause a deleterious effect
Allahabad High Court: Sanjay Kumar Pachori, J., while addressing a matter with regard to recalling of the witnesses expressed that, Section 311
Allahabad High Court: Rajeev Singh, J., reiterated that under Section 482 of the Criminal Procedure Code, an FIR i.e. First Information Report
Delhi High Court: Stating that, Rape is an act against society, Rajnish Bhatnagar, J., held that simply entering into a compromise allegation
Delhi High Court: Subramonium Prasad, J., while explaining the facets of cancellation of bail and rejection of an application for bail, made