Criminal Procedure – Quashing of FIR – Multiple FIRs on the same cause of action – Petitioners challenged FIR No. 226 of 2015, citing it was on the same cause of action as an earlier FIR No. 166 of 2009 in which they were not charge-sheeted – Petitioners claimed the subsequent FIR was motivated – High Court examined the responsibility under the development agreement a...
Criminal Law – Prevention of Corruption Act – Quashing of FIRs – FIRs registered against Central Government employees for alleged offenses under Section 7 of the PC Act – FIRs and chargesheets were quashed by the High Court for lack of State consent under Section 6 of the DSPE Act and absence of notification designating the CBI Court as a Special Court under the PC Act &nda...
Criminal Law – Quashing of FIR – Allegations of Cheating, Fraud, and Criminal Conspiracy – FIR Filed Against the Appellant, a Foreign National, and Project Manager of Hyundai Engineering & Construction India LLP – Alleged Non-Payment of Rs. 9 Crores by Subcontractor Entity (YSSS) – Appellant Alleged to Have Connived in Default of Payment – High Court Refused...
Quashing of FIR – Lack of Evidence – Allegation under Sections 354 and 506 IPC – FIR Quashed – Allegations against the appellant included physical and verbal harassment and threats, yet the investigation and statements under Sections 161 and 164 CrPC failed to substantiate any direct evidence or intent – Held: The allegations, being vague and unsupported by material e...
Criminal Law - Proclamation of Offender – Section 82 CrPC – Scope and Termination – A proclamation issued under Section 82 CrPC ceases to be effective if the accused no longer requires appearance in court, such as in cases of acquittal in the primary offence – Held: Once the purpose of proclamation is achieved or rendered irrelevant, the status of proclaimed offender must b...
Grant of Bail under MCOCA – Violation of Section 21(4) – Order Set Aside – High Court granted bail to the respondents without proper application of Section 21(4) of MCOCA, which imposes stringent conditions for granting bail in organized crime cases – Held: The High Court transgressed into impermissible areas by making observations on the merits of the case akin to a mini-t...
Criminal Law - Cognizance under Section 186 IPC – Bar under Section 195(1)(a) CrPC – Proceedings Quashed – Section 195(1)(a) CrPC mandates a written complaint by a public servant to the Magistrate for cognizance of offences under Section 186 IPC – Held: In the absence of such a complaint, cognizance by the CJM, Varanasi, was illegal, warranting quashing of the proceedings [...
Criminal Law – Abetment of Suicide – Ingredients for Prosecution – Section 306 IPC – Appeal challenging charges for abetment to suicide due to alleged harassment by appellants – Appellants contended lack of proximate cause and intent – Held: The charges under Section 306 IPC require proof of direct or indirect acts of instigation or aiding suicide, coupled with ...
Criminal Law – Double Jeopardy – Acquittal and De Novo Investigation – High Court Order Quashed – The High Court ordered reinvestigation and subsequent prosecution despite appellant’s prior acquittal – Held: Such direction violates the constitutional protection under Article 20(2) and statutory safeguards under Section 300 Cr.P.C., which bar retrial for the same...
Criminal Law – Bail in Rape Case – Compromise with Victim’s Family – The petitioner sought bail in a case involving the rape of an 11-year-old girl, citing a compromise with the victim's family. The court rejected the bail application, emphasizing that in cases involving minors, any compromise lacks legal validity. The State has a duty to prosecute such offenses rigorou...