The appellant, an Assistant General Manager at the State Bank of India, Overseas Bank, faced charges under the IPC and the PC Act. He contested the proceedings, arguing that he was entitled to protection under Section 197 of the CrPC and that no sanction was granted under Section 19 of the PC Act.
Issues: Whether the appellant falls under the category of a public servant not removable from...
Criminal Appeal – Quashing of FIR – Allegations of sexual offences and assault – Appellants seeking quashing of FIR – Examination of the factual matrix and legal submissions – Absence of specific details in the FIR regarding date and time of alleged offences – Completion of investigation and readiness of charge sheet – Court’s duty to examine whether...
Criminal Appeal – Quashing of FIR – Appellant challenges High Court's order rejecting the Writ Petition to quash FIR – Final report subsequently filed by the investigation officer stating no case against appellant – Acceptance of final report by Additional Sessions Judge – Appellant seeks relief on the basis of these developments – Appeal disposed of. [Para ...
Criminal Appeal – Quashing of FIR – Delay in lodging FIR – Allegations of robbery, criminal intimidation, intentional insult – Appellants challenging the continuation of criminal proceedings – Whether FIR discloses essential ingredients of offences – Consideration of delay in lodging FIR – Evaluation of criminal antecedents – Abuse of process of law ...
Criminal Procedure Code, 1973 — Section 195A — Offence under Section 195A of Indian Penal Code, 1860 — Elements and procedure — A detailed analysis of Section 195A of the Code of Criminal Procedure, wherein the Court elucidates the nature of the offence involving threats to witnesses for the purpose of inducing false evidence and the procedure for complaint filing in such c...
Criminal Appeal – Registration of FIR – Appellant’s challenge against dismissal of writ petition seeking directions to register an offence – Deceased severely assaulted by accused, but police failed to register complaint – Appellant’s approach to High Court – Impugned order dismissed writ petition – Appellant approached Supreme Court – Registra...
Criminal Appeal – Bail – High Court order granting bail to the accused and issuing guidelines for issuing proclamations under Sections 82 and 83 Cr.P.C. – Observations on the impugned order’s oversight of certain sections – Directions set aside to the State and Courts regarding the issuance of proclamations – Order granting bail to the accused left undisturbed. ...
Criminal Appeal – Murder Conviction based on Circumstantial Evidence – Conviction under Sections 201, 300, and 302, IPC read with Section 34 – Extra Judicial Confession, Recovery of Weapon, and Motive as crucial links in the chain of circumstances – Appellants convicted by trial court and upheld by High Court – Appeal against conviction – Examination of credibil...
Criminal Law - Quashing of FIR - Parameters: The Court reiterated the parameters for quashing an FIR, as established in State of Haryana v. Bhajan Lal, including scenarios where the allegations do not constitute an offense, the allegations are absurd, and the proceedings are manifestly attended with malice.
Facts - Allegations - Investigation: The appellant challenged an order of the High Court...
Appeal allowed - FIR quashed against appellant - No specific allegations against appellant in FIR - Allegations vague - No particular role attributed to appellant - Delay in lodging FIR - Possibility of personal grudge or vengeance - Observations limited to this case - No impact on other pending proceedings.
Legal Principles - The Court may quash criminal proceedings if the FIR is vague, lacks ...