Quashment--Offence by a company--Protection of Directors/Chairman--Specific averments/assertions in the complaint against first respondent who is Joint Managing Director of the Company-- Prosecution upheld.

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Quashing—Final Report—High Court not to quash the FIR without commenting on merits of final report on record

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Indian Penal Code, 1860, S. 306-Abetment to Suicide--Quashing--Mens rea--High Court ought not to have gone into whether there was requisite mental element or intention on part of accused during the pendency of investigation and pendency of filing of charge sheet

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Murder--Suspension of sentence--Bail during pendency of appeal--Accused charged for mercilessly assaulting deceased--High Court granted bail during pendency of appeal--Held; Appellate court is duty-bound to objectively assess the matter and to record reasons for the conclusion that the case warrants suspension of execution of sentence and grant of bail

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Quashing—Remand of Case—High Court dismissed the petition for quashing without referring to facts of the case with a view to appreciate factual controversy and to appreciates why such grounds are not made out under S.482 Cr.P.C-Matter remanded hack to High Court to be decided afresh—Impugned order set aside

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FIR--It is not compulsory to mention the name of accused in FIR.

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Jurisdiction--Territorial jurisdiction of a court with regard to criminal offence would be decided on the basis of place of occurrence of the incident and not on the basis of where the complaint was filed.

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Sanction for Prosecution--Allegation of Extortion on I.O.--Sanction not required.

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Though under Section 319(4)(b)Cr.P.C. the accused subsequently impleaded is to be treated as if he had been an accused when the Court initially took cognizance of the offence, the degree of satisfaction that will be required for summoning a person under Section 319Cr.P.C. would be the same as for framing a charge.

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Arms—Recovery of country made pistol loaded with live cartridges without license—Accused is liable to be convicted under S.2S(B)(a) and not S. 25(1 AA) of the Arms Act

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Criminal Procedure Code, 1973, S.451—Release of Property—Court is not merely required to determine the source from which the property was seized— A claim of title to the goods which have been seized is a relevant consideration while passing an order under Section 452

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Quashing—Petition for quashing is maintainable even after the charge sheet is filed Quashing—Trend in business circles to convert purely civil dispute into criminal cases is growing—It should be deprecated and discouraged

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During pendency of appeal bail allowed in the year 2006--The incident is 30 years old and after being released in 2006 on bail, it will not be proper to send the accused back to jail, more particularly, because nothing has been stated against him regarding his indulgence in any criminal activity--Sentence reduced to already undergone--Penal Code, 1860, Section 326.

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Summoning of Additional Accused—Court cannot mechanically issue process under Section 319Cr.P.C. whenever in a statement recorded before the Court, name of any person is taken Summoning of Additional Accused—Mere mention of name of appellant for first time in court without any substantive evidence does not justify allowing of application u/s 319 Cr.P.C

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Re-summoning--There must be substantive evidence against a person in order to summon him for trial u/s 319 of Cr.P.C., although he is not named in charge-sheet or he has been discharged from the case, which would warrant his prosecution thereafter with a good chance of his conviction.

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Grievous Hurt—Reduction in Sentence- Submission that one appellant is 80 years of age and other appellant is 70 years of age—Occurrence was of year 1992—In the interest of justice imprisonment of two years reduced to period already undergone of about fifteen months

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Criminal Complaint--Preliminary Inquiry under Section 202 Cr.P.C.--Although an accused has no right to participate unless the process is issued, he may remain present either in person or through a counsel or a agent with a view to be informed of what is going on. Cognizable Offence--Information to police--Even in a case where no action is taken by police, the informant's remedy lies under Section 190 and 200 of the Cr.P.C.

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Non­compoundable offence - Quashing of criminal proceedings on the ground that the accused and the original Complainant have settled the dispute amicably - Despite any settlement between the Complainant on the one hand and the accused on the other, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed, as the offence under Section 307 IPC is not compoundable offence

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Quashment--A complaint for medical negligence cannot be quashed because there are two set of opinion, one in favour of the complainant and other in favour of the appellant.

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Held; while considering an application for bail, detailed discussion of evidence and elaborate documentation of merit is to be avoided--No party should have impression that his case has been pre-judged--Existence of prima facie case is only to be considered--No merit--Appeal dismissed

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