Search Results Page
Search Results
1 - 10 of 20 (0.36 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Bihar vs Murad Ali Khan, Farukh Salauddin & ... on 10 October, 1988
In this context it would relevant to take into account the
observations made by Hon'ble Apex Court in case between State of
Bihar v. Murad Ali Khan & Ors. [(1988) 4 SCC 655], wherein the
Hon'ble Apex Court has observed that:
Municipal Corporation Of Delhi vs Ram Kishan Rohtagi And Others on 1 December, 1982
In
Municipal Corporation of Delhi v. R.K. Rohtagi, it is reiterated:
Municipal Corporation Of Delhi vs Purshotam Dass Jhunjunwala And Others on 1 December, 1982
In
Municipal Corporation of Delhi v. P.D. Jhunjunwala, it was
further made clear: [SCC p.10: SCC (Cri) p.124, para 5]
As
to what would be the evidence against the respondents is not a matter
to be considered at this stage and would have to be proved at the
trial. We have already held that for the purpose of quashing the
proceedings only the allegations set forth in the complaint have to
be seen and nothing further.
Kurukshetra University And Anr. vs State Of Haryana And Anr. on 22 March, 1977
[See Janata Dal
v.H.S. Chowdhury (1992) 4 SCC 305; Raghubir Saran Dr. v.State of
Bihar 1964 (2) SCR 336; Kurukshetra University v. State of Haryana
(1977) 4 SCC 451; and Zhandu Pharmaceuticals Works Limited and Others
v.Mohd. Sharaful Haque and Another 2005 (1) SCC 122].
State Of Maharashtra & Ors vs Ishwar Piraji Kalpatri on 30 November, 1995
In
fact, the question of mala fides in a case like the present is not
at all relevant. If the complaint which is made is correct and
offence has been committed which will have to be established in a
court of law, it is of no significance that the complainant is a
person who is inimical or that he is guilty of mala fides. If the
ingredients which establish the commission of the offence or
misconduct exist then, the prosecution cannot fail merely because
there was an animus of the complainant or the prosecution against
the accused. Allegations of mala fides may be relevant while judging
the correctness of the allegations or while examining the evidence.
But the mere fact that the complainant is guilty of mala fides,
would be no ground for quashing the proceedings. [See State of
Maharashtra v. Ishwar Piraji Kalpatri (1996) 1 SCC 542; Zhandu
Pharmaceuticals Works Limited and Others v. Mohd. Sharaful Haque and
Another 2005 (1) SCC 122; State of Bihar & Anr. v. J.A.C.
Saldanah (1980) 1 SCC 544; State of Orissa v. Saroj Kumar Sahoo 2005
(13) SCC 540]. There may be some exceptions to the said rule but we
are not concerned with such a case.
M/S Zandu Pharmaceutical Works Ltd.& ... vs Md Sharaful Haque & Anr on 1 November, 2004
In
fact, the question of mala fides in a case like the present is not
at all relevant. If the complaint which is made is correct and
offence has been committed which will have to be established in a
court of law, it is of no significance that the complainant is a
person who is inimical or that he is guilty of mala fides. If the
ingredients which establish the commission of the offence or
misconduct exist then, the prosecution cannot fail merely because
there was an animus of the complainant or the prosecution against
the accused. Allegations of mala fides may be relevant while judging
the correctness of the allegations or while examining the evidence.
But the mere fact that the complainant is guilty of mala fides,
would be no ground for quashing the proceedings. [See State of
Maharashtra v. Ishwar Piraji Kalpatri (1996) 1 SCC 542; Zhandu
Pharmaceuticals Works Limited and Others v. Mohd. Sharaful Haque and
Another 2005 (1) SCC 122; State of Bihar & Anr. v. J.A.C.
Saldanah (1980) 1 SCC 544; State of Orissa v. Saroj Kumar Sahoo 2005
(13) SCC 540]. There may be some exceptions to the said rule but we
are not concerned with such a case.
State Of Bihar And Anr vs J.A.C. Saldanha And Ors on 13 November, 1979
In
fact, the question of mala fides in a case like the present is not
at all relevant. If the complaint which is made is correct and
offence has been committed which will have to be established in a
court of law, it is of no significance that the complainant is a
person who is inimical or that he is guilty of mala fides. If the
ingredients which establish the commission of the offence or
misconduct exist then, the prosecution cannot fail merely because
there was an animus of the complainant or the prosecution against
the accused. Allegations of mala fides may be relevant while judging
the correctness of the allegations or while examining the evidence.
But the mere fact that the complainant is guilty of mala fides,
would be no ground for quashing the proceedings. [See State of
Maharashtra v. Ishwar Piraji Kalpatri (1996) 1 SCC 542; Zhandu
Pharmaceuticals Works Limited and Others v. Mohd. Sharaful Haque and
Another 2005 (1) SCC 122; State of Bihar & Anr. v. J.A.C.
Saldanah (1980) 1 SCC 544; State of Orissa v. Saroj Kumar Sahoo 2005
(13) SCC 540]. There may be some exceptions to the said rule but we
are not concerned with such a case.
State Of Orissa And Anr vs Saroj Kumar Sahoo on 7 December, 2005
In
fact, the question of mala fides in a case like the present is not
at all relevant. If the complaint which is made is correct and
offence has been committed which will have to be established in a
court of law, it is of no significance that the complainant is a
person who is inimical or that he is guilty of mala fides. If the
ingredients which establish the commission of the offence or
misconduct exist then, the prosecution cannot fail merely because
there was an animus of the complainant or the prosecution against
the accused. Allegations of mala fides may be relevant while judging
the correctness of the allegations or while examining the evidence.
But the mere fact that the complainant is guilty of mala fides,
would be no ground for quashing the proceedings. [See State of
Maharashtra v. Ishwar Piraji Kalpatri (1996) 1 SCC 542; Zhandu
Pharmaceuticals Works Limited and Others v. Mohd. Sharaful Haque and
Another 2005 (1) SCC 122; State of Bihar & Anr. v. J.A.C.
Saldanah (1980) 1 SCC 544; State of Orissa v. Saroj Kumar Sahoo 2005
(13) SCC 540]. There may be some exceptions to the said rule but we
are not concerned with such a case.