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1 - 10 of 12 (0.24 seconds)Article 226 in Constitution of India [Constitution]
M/S Neeharika, Infrastructure Pvt. ... vs The State Of Maharashtra on 13 April, 2021
14. This Court further notes that insofar exercise of jurisdiction under
Section 482 of Code of Criminal Procedure and under Article 226 of the
Constitution of India, where an application is preferred praying for
quashing of the complaint, the primary consideration, as per the decision of
the Hon'ble Apex Court more particularly in recent decision in case of M/s
Niharika Infrastructure vs. State of Maharashtra- 2021 SCC Online SC 315,
that should weigh with the Court is that whether the allegations taken at
its face value, reflect a prima facie case made out against the applicant. This
Court is also conscious of the law laid down , at paragraph no. 57 of the
said decision, where the Hon'ble Apex Court has stated the aspects which
are required to be taken into consideration, while considering an application
for quashing. Paragraph no. 57 is quoted hereinabove for benefit:
Section 114 in The Indian Penal Code, 1860 [Entire Act]
Section 170 in The Indian Penal Code, 1860 [Entire Act]
Section 342 in The Indian Penal Code, 1860 [Entire Act]
Section 384 in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Central Bureau Of Investigation (Cbi) vs Thommandru Hannah Vijayalakshmi @ T.H. ... on 8 October, 2021
12. At this stage, this Court is also of the conscious of the observation of
the Hon'ble Apex Court in case of Central Bureau of Investigation (CBI)
and Anr. Vs. Thommandru Hannah Vijayalakshmi alias T. H. Vijayalakshmi
and Anr., reported in AIR 2021 SC 5041 that while exercising of jurisdiction
under Section 482 of the Code of Criminal Procedure, this Court is not
required to conduct a mini trial. Paragraph no. 41 of the said judgment
being relevant for the present purpose is quoted hereinbelow for benefit: