Criminal Procedure - Quashing of FIR and Charge-sheet - Essential Commodities Act - Fertilizer Control Order - Petition to quash FIR and charges for non-standard DAP fertilizer sample—Petitioner appointed as responsible person after sample drawing—Company not made an accused—No specific allegations in FIR/charge sheet indicating petitioner’s vicarious liability—Court ...
Departmental Proceedings - Acquittal in Criminal Trial - Reinstatement of Employees - Constitutional Petition and Letters Patent Appeals - Appeals by State challenging reinstatement of police personnel after acquittal in criminal trial—Writ petition by left out employees challenging departmental inquiry and dismissal—Held, once there is acquittal on merits after detailed discussion, re...
Criminal Procedure - Transfer of Case - Convenience of Wife – Held, it is well settled that the convenience of the wife is paramount in considering the transfer of cases. The petitioner, having no independent source of income and a minor school-going daughter, faces difficulty in attending court proceedings at Ropar, 80 km from Ludhiana. The petition is allowed, and the criminal complaint is...
Criminal Law - Forgery and Signature Comparison - Petition under Section 482 CrPC - Allegations of forgery in obtaining an electricity connection - Signatures of respondent already compared by handwriting expert and FSL official - Application to summon additional documents for comparison dismissed by Trial Court - Court slow to base opinion on mere comparison of disputed documents - Petition dismi...
Criminal Law - Quashing of Summoning Order - Petition under Sections 210 and 482 CrPC - Summoning order found to be flawed - Magistrate failed to apply mind to the facts of the case and the applicable law - Cancellation report not considered - Summoning order must reflect judicial application of mind - Impugned order set aside and case remitted to Magistrate for fresh consideration. [Paras 1-17]
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Criminal Law - Anticipatory Bail - Petition under Section 438 CrPC - Allegations of cheating and misappropriation of funds - Petitioners accused of inducing the complainant to invest Rs. 65 lakhs in a fraudulent scheme involving the sale of onions - Petitioners submitted fictitious documents during the investigation - Apprehension of influencing witnesses and tampering with evidence - Custodial in...
Criminal Law - Quashing of Complaint and Summoning Order - Petition under Section 482 CrPC - Complaint against company officials for offenses under Sections 120-B, 406, and 420 IPC - Magistrate conducted inquiry under Section 202 CrPC - Police report and documents examined - Magistrate found sufficient material to proceed - Petitioners' claim of non-consideration of police report and plea of f...
Criminal Law - Appeal against Conviction and Acquittal - Sections 324, 307 IPC - Delay in FIR registration, absence of independent witnesses, and motive are critical factors - Inordinate and unexplained delay of five days in registering the FIR - Prosecution's failure to explain delay undermines credibility - Absence of independent witnesses despite the incident occurring in a populated area -...
Criminal Law - Quashing of Complaint and Summoning Order - Petition under Section 482 CrPC - Complaint against Independent Director of company for offenses under Sections 120-B, 406, and 420 IPC - Petitioner served as Independent Director from 04.07.2018 to 14.02.2020 - Alleged offenses occurred between 2006 and 2017, prior to petitioner's involvement with the company - No material evidence in...
Criminal Law - Quashing of FIR and Charge-sheet - Petition under Section 482 CrPC - Criminal Appeal against the order of High Court refusing to quash FIR for abetment of suicide - FIR lodged for offenses under Sections 306, 506, and 34 IPC - Complainant filed no objection to the quashing of FIR - Allegations in suicide note and FIR vague and do not attract Section 306 IPC - Compromise reached betw...