CiteTEXT
...meaning of the expression “the Magistrate” occurring in the opening of sub-section (2) of Section 250, on first flush admits the interpretation that a succeeding Magistrate can continue with the proceedings initiated by his...was only up to Rs 2000. Thus, the scope of enquiry under Section 250 CrPC is only an effort to award to the accused a bare sum of Rs 2000, if at all, after hearing the complainant. The enquiry in the...to upset an order of the Chief Judicial Magistrate, First Class, Pune, whereby notice issued against the complainant-respondent under Section 250 of the Code of Criminal Procedure was discharged...
...curb unnecessary prosecutions and harassment of innocent parties, is to exercise their power under Section 250 CrPC more frequently, where they discern malice or frivolousness or ulterior motives on the...that the amount was utilised by the appellants in some other work.3. The appellants filed an application under Section 227 CrPC before the Court of the Sub-Divisional...directed the appellants to remain present in the court on 8-1-2003 for framing of charges under Sections 406/120-B IPC. The appellants filed a petition under Section 482 CrPC before the Patna High Court...
...on 17-3-2009 (AP) dismissing the petition filed by the appellants under Section 482 CrPC, thereby declining to quash the criminal proceedings initiated against the appellants in CC No. 840 of 2008...under Section 482 CrPC before the High Court to quash the proceedings in CC No. 840 of 2008 and the same was dismissed, which is under challenge in this appeal.5. The...perspective. The inherent jurisdiction of the High Court under Section 482 CrPC should not be exercised to stifle a legitimate prosecution. The power under Section 482 CrPC is to be used sparingly only...
...Section 250 CrPC more frequently, where they discern malice or frivolousness or ulterior motives on the part of the complainant. Be that as it may."
10. The Court...the accused before the High Court is Section 482 CrPC and that this Court is
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hearing an appeal from an order under Section 482 CrPC. Section 482 CrPC reads as follows:
"482. Saving of inherent powers of the...
...accordance with law. One positive step that can be taken by the courts, to curb unnecessary prosecutions and harassment of innocent parties, is to exercise their power under Section 250 CrPC more...the complaint by filing petition under Section 482 of the Code of Criminal Procedure (for short “CrPC”) inasmuch as according to them the allegations in the complaint did not make out any offence under...Government of Chhattisgarh, no such criminal proceedings could be initiated against them without prior sanction from the appointing authority as per Section 197 CrPC; and the complaint was blatant...
...prosecutions and harassment of innocent parties, is to exercise their power under Section 250 CrPC more frequently, where they discern malice or frivolousness or ulterior motives on the part of the complainant...of 1999 respectively under Section 482 CrPC for quashing the said two complaints on the following two grounds:(i) The complaints related to purely contractual disputes...said two petitions were filed by the respondents herein under Section 482 of the Criminal Procedure Code (“the Code” for short) for quashing the complaints filed by the appellant against them in CC No...
...accordance with law. One positive step that can be taken by the courts, to curb unnecessary prosecutions and harassment of innocent parties, is to exercise their power under Section 250 CrPC more frequently...Magistrate fixed the matter for enquiry under Section 202 CrPC on 8-10-2010. An employee of the appellant Company by name P.B. Dinesh was examined on 8-10-2010. Considering the averments in the complaint...-10-2010, the respondents filed petition under Section 482 CrPC before the High Court for quashing the criminal proceedings. Insofar as compliance of the procedure in taking cognizance of the offences...
...Magistrate who initiated the proceedings was transferred. The new incumbent refused to proceed under Section 250. The High Court upheld the view. On appeal by special leave, the Supreme Court observed:“Now, here was a.... 10,000/- under Section 250 Cr.P.C. and in default to undergo simple imprisonment for 30 days. Hence this appeal by special leave.2. The learned counsel...appearing for the appellant contended that proper show cause notice as stated under Section 250 Cr.P.C. was not issued to the complainant before imposing compensation. On the...
...courts, to curb unnecessary prosecutions and harassment of innocent parties, is to exercise their power under Section 250 CrPC more frequently, where they discern malice or...caution. For the accused it is a serious matter. This Court has laid certain principles on the basis of which the High Court is to exercise its jurisdiction under Section 482 of...the Code. Jurisdiction under this section has to be exercised to prevent abuse of the process of any court or otherwise to secure the ends of justice...
...step that can be taken by the courts, to curb unnecessary prosecutions and harassment of innocent parties, is to exercise their power under Section 250 CrPC more frequently, where they discern malice...Court held as under:-
"35. The scope and ambit of inherent powers of the Court under Section 482 CrPC or the extra-ordinary power under Article 226 of the Constitution of...State of Karnataka v. L. Muniswamy may be relevant to note at this stage:--
"The whole some power under Section 482 CrPC...
...innocent parties, is to exercise their power under Section 250 CrPC more frequently, where they discern malice or frivolousness or ulterior motives on the part of the complainant...which the High Court is to exercise its jurisdiction under Section 482 of the Code. Jurisdiction under this section has to be exercised to prevent abuse of the process of any court...payable to the arbitrator as arbitration fee.
7. After grant of anticipatory bail to the co-accused, Section 406 I.P.C has been altered by Section 409 I.P.C on the basis...
...exercise their power under Section 250 CrPC more frequently, where they discern malice or frivolousness or ulterior motives on the part of the complainant. Be that as it may...proceedings under Section 138 of the Negotiable Instruments Act has been initiated by the applicant.
6. Learned counsel for the informant has opposed the bail...barred by the provisions contained under Section 122 of the Negotiable Instruments Act. Moreover, through the FIR the informant has prayed to Deputy Commissioner of Police for refund of his money, which...
...be taken by the courts, to curb unnecessary prosecutions and harassment of innocent parties, is to exercise their power under Section 250 CrPC more frequently, where they discern...filed under Section 482 Cr.P.C, the applicant- Shamsuddin has challenged the validity of an order dated 22.04.2022 passed by the learned Judicial Magistrate-II, Gonda, in Compliant Case No. 1134 of...2018 (Smt. Sabiya Vs. Ram Lautan and others) under Sections 323, 504, 427,451 I.P.C, Police Station Katra Bazar , District Gonda and application No. 4586 of 2022 filed under Section...
...harassment of innocent parties, is to exercise their power under Section 250 CrPC more frequently, where they discern malice or frivolousness or ulterior motives on the part of the complainant. Be that...Mr. Rajesh Maharshi, for the petitioner. Mr. R.R. Gurjar, P.P. for the State. Mr. M.K. Kaushik, for the respondent No.2. Petitioner has filed this petition under Section...Court is to exercise its jurisdiction under Section
Mr. Rajesh Maharshi, for the petitioner. Mr. R.R. Gurjar, P.P. for the State. Mr. M.K. Kaushik, for the respondent No.2. Petitioner...
...can be taken by the courts, to curb unnecessary prosecutions and harassment of innocent parties, is to exercise their power under Section 250 CrPC more frequently, where they discern malice or...High Court would have been justified in quashing the proceedings in exercise of its inherent powers under Section 482 of the Code. It would be of benefit to refer to the judgment in Indian...of caution. For the accused it is a serious matter. This Court has laid certain principles on the basis of which the High Court is to exercise its jurisdiction under Section 482...
...courts, to curb unnecessary prosecutions and harassment of innocent parties, is to exercise their power under Section 250 CrPC more frequently, where they discern malice or...it is a serious matter. This Court has laid certain principles on the basis of which the High Court is to exercise its jurisdiction under Section 482 of the Code. Jurisdiction under...this section has to be exercised to prevent abuse of the process of any court or otherwise to secure the ends of justice."
14. While no one with a...
...unnecessary prosecutions and harassment of innocent parties, is to exercise their power under Section 250 CrPC more frequently, where they discern malice or frivolousness or ulterior...Section 482 of the Code. Jurisdiction under this section has to be exercised to prevent abuse of the process of any court or otherwise to secure the ends of justice...
...prosecutions and harassment of innocent parties, is to exercise their power under Section 250 CrPC more frequently, where they discern malice or frivolousness or ulterior motives on the part of the....30. The contours of the power under Section 482 CrPC have been explained in a series of decisions by this Court. In Nagawwa v...whereby the High Court dismissed the applications filed under Section 482 of the Criminal Procedure Code (hereinafter referred to as “the Code”) by the appellants to quash the criminal proceedings pending...
..., is to exercise their power under Section 250 CrPC more frequently, where they discern malice or frivolousness or ulterior motives on the part of the complainant. Be that as it may...."
15. Even otherwise it must be remembered that the provision invoked by the accused before the High Court is Section 482 CrPC and that this Court is...
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hearing an appeal from an order under Section 482 CrPC. Section 482 CrPC reads as follows...
...unnecessary prosecutions and harassment of innocent parties, is to exercise their power under Section 250 CrPC more frequently, where they discern malice or frivolousness or ulterior motives on the part of...13.06.2008 passed by the learned Judicial Magistrate, 9 Court, Alipore, thereby issuing process under Section 406 of the Penal Code, 1860 against the petitioners.
2. The..., however, no action was taken by the police authorities. The complainant alleges that the accused company in collusion with the accused nos. 2 to 6 committed the offence punishable under Section 406/420...