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Commissioner Of Police And Anr vs Mehar Singh

STANDING ORDER NO. 398/2010 POLICY FOR DECIDING CASES OF CANDIDATES PROVISIONALLY SELECTED IN DELHI POLICE INVOLVED IN CRIMINAL CASES (FACING TRIAL OR ACQUITTED).

Vishnu Dutt Sharma vs Daya Sapra

The effect of a judgment passed in a criminal proceeding on a pending civil proceeding is the question involved herein.

Bhaskar Lal Sharma & Anr vs Monica

Ahmad Ali Quraishi vs The State Of Uttar Pradesh

Learned session judge in the impugned judgment has not taken note of the Civil Suit pending between the parties. In the facts of present case, we are fully satisfied that present is a case where criminal proceedings have been initiated by complainant with an ulterior motive due to private and personal grudge.

Naveen Kohli vs Neelu Kohli

In view of the fact that the parties have been living separately for more than 10 years and a very large number of aforementioned criminal and civil proceedings have been initiated by the respondent against the appellant and some proceedings have been initiated by the appellant against the respondent, the matrimonial bond between the parties is beyond repair.

Parimal vs Veena @ Bharti

Inderjit Singh Grewal vs State Of Punjab & Anr

In view of the above, we are of the considered opinion that permitting the Magistrate to proceed further with the complaint under the provisions of the Act 2005 is not compatible and in consonance with the decree of divorce which still subsists and thus, the process amounts to abuse of the process of the court.

Skoda Auto Volkswagen India vs The State Of Uttar Pradesh

Quashing of a complaint should rather be an exception and a rarity than an ordinary rule. In S.M. Datta (supra), this Court held that if a perusal of the first information report leads to disclosure of an offence even broadly, law courts are barred from usurping the jurisdiction of the police, since the two organs of the State operate in two specific spheres of activities and one ought not to tread over the other sphere.

Neetu Kumar Nagaich Vs. State of Rajasthan and Ors.

Normally when an investigation has been concluded and police report submitted under Section 173(2) of the Code, it is only further investigation that can be ordered under Section 173(8) of the Code. But where the constitutional court is satisfied that the investigation has not been conducted in a proper and objective manner, as observed in Kashmeri Devi vs. Delhi Administration, (1988) Suppl. SCC 482, fresh investigation with the help of an independent agency can be considered to secure the ends of justice so that the truth is revealed.