Search Results Page
Search Results
1 - 10 of 13 (0.45 seconds)Section 420 in The Indian Penal Code, 1860 [Entire Act]
The Dowry Prohibition Act, 1961
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 406 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
M/S Neeharika, Infrastructure Pvt. ... vs The State Of Maharashtra on 13 April, 2021
6 In this backdrop, the finding of the High Court to the effect that there is no
specific allegation against the second and third respondents or that, as the
mother and sister of the bridegroom, they would not be either beneficiaries or
have a direct link with the perpetrators of the crime is not based on cogent
material or a reading of the FIR. It is well-settled that at the stage when the
High Court considers a petition for quashing criminal proceedings under Section
482 of the CrPC, the allegations in the FIR must be read as they stand and it is
only if on the face of the allegations that no offence, as alleged, has been made
out, that the Court may be justified in exercising its jurisdiction to quash. The
parameters of the jurisdiction under Section 482 have been reiterated in a
consistent line of authorities and, at this stage, it may be material to refer to the
recent decision of this Court in Neeharika Infrastructure v. State of
Maharashtra4. Accordingly, we allow the appeal and set aside the impugned
judgment and order of the High Court dated 15 April 2019 in Criminal
Miscellaneous Application No 27511 of 2018.