Criminal Law – Quashing - Abuse of Process – Multiple FIRs arising from the same incident – Quashing of Police Reports – Allegations of wrongful restraint, injury, and offenses under Sections 354, 354-B, 354-D IPC – FIR No. 20/2024 filed by Ajay Kumar Sareen against Rohit Krishan Bhat alleging assault – FIR No. 24/2024 filed by Ragini Rajput against Ajay Kumar S...
Criminal Law – Quashing of FIR – Political Vengeance – Allegation of Favoritism in Tender Allotment – Petitioner challenged the FIR alleging corruption in tender allotment under the amended Punjab Foodgrains Labour & Cartage Policy 2020-21 – Held: FIR quashed as no cognizable offence was disclosed – Allegations against the petitioner were based on conjecture...
Criminal Law – Murder – Conviction Based on Eyewitness Testimonies – Reliability Questioned – Conviction challenged on the grounds of delay in lodging FIR and inconsistencies in prosecution evidence – Held: Delay of eight hours in filing the complaint and further delay in dispatching FIR to the Magistrate cast significant doubt on the prosecution's case – Co...
Abetment of Suicide – Insufficient Evidence – The court examined whether the petitioner’s actions constituted abetment of suicide under Section 306 IPC. The petitioner's actions, including alleged insults and demands for money, did not satisfy the necessary ingredients of abetment, such as instigation or intentional aiding. The court emphasized the need for a proximate and li...
Criminal Law – Hate Speech – Scope of Sections 504 and 505(2) IPC – Quash Petition Allowed – Petitioner accused of making provocative statements against a political leader and remarks regarding religious property management during a YouTube interview – Held: Statements related to the political leader could, at most, give rise to defamation claims and not offences unde...
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...