Criminal Law – Discharge – Re-allotment of Institutional Plot – Former Chief Minister ordered re-allotment of resumed plot to AJL at original rates plus interest – Decision ratified unanimously by Authority – No court declared re-allotment illegal – No material showing wrongful loss or pecuniary gain – Held: Essential ingredients of Sections 120-B, 420 IPC...
Criminal Law – Transfer of Investigation – Allegations of custodial assault against ED officers – FIR lodged by accused in money laundering case – Petitioners sought quashing of FIR or transfer of investigation to CBI – Court found that informant was accused in siphoning of ₹23 crores public funds and ED was investigating several high-profile cases involving senior ...
Criminal Law – Quashing of FIR – Section 482 CrPC – Allegations of Forced Religious Conversion – Petitioner, Principal of a school, sought quashing of FIR alleging she pressured the complainant teacher to convert from Hinduism to Christianity and terminated her services upon refusal – Petitioner contended FIR was malicious and motivated by service dispute after termin...
Negotiable Instruments Act – Dishonour of Cheque – Vicarious Liability of Directors – Complaints filed against Managing Director/Directors for dishonour of cheques issued by company – Company itself not made an accused in the complaint – Held: Prosecution under Sections 138 and 141 N.I. Act cannot be maintained against directors in absence of arraigning the company as...
Criminal Law – Human Trafficking – Immoral Traffic – Quashing of Charge – Sections 370, 370-A(2) IPC and Sections 3, 4, 5, 7 of Immoral Traffic (Prevention) Act, 1956 – Petitioner, owner-cum-manager of a Spa at Mapusa, sought quashing of order framing charges arising from a police trap operation in which a decoy customer paid marked currency notes for massage services...
SARFAESI Act – E-Auction Purchaser – FIR – Quashing – Petitioner purchased mortgaged property in e-auction conducted by Union Bank of India as the highest bidder — FIR lodged alleging collusion with bank officials in undervaluation of the property — valuation of property challenged before DRT, Ranchi in S.A. No. 88 of 2024, which affirmed the valuation and dismi...
Criminal Law – Dowry Harassment – Quashing of Proceedings – Omnibus Allegations – Section 498A IPC – FIR registered against husband, father-in-law, mother-in-law, and sister-in-law of complainant under Sections 341, 323, 498A, 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act – High Court quashed proceedings against sister-in-law holding allegations again...
Defamation – Section 500 IPC – Online Publication – Redisplay of Defamatory Social Media Post – Petition under Section 482 Cr.P.C. to quash defamation proceedings – Accused Nos. 2 to 4 (a film-sector publication and its editorial staff) redisplayed on their website highly derogatory statements originally posted by Accused No.1 on a Facebook group against the complaina...
Criminal Law – Bigamy – Matrimonial Cruelty – Quashing – Petitioner prosecuted under Sections 494 and 498A IPC on the basis of a cohabitation alleged to be a marriage, entered into by signing a non-judicial stamp paper without performance of any customary rites – Complainant subsequently alleged a 'temple marriage' during investigation, contradicting her own F...
Prevention of Corruption Act – Trap Case – Quashing under Section 482 CrPC – Accused added during investigation – Complaint lodged with Lokayuktha on 03.01.2019 alleging demand/acceptance of illegal gratification – Pre-trap mahazar drawn and trap laid on same day – Tainted currency seized from hands of Accused No.1 – Petitioner (PSI) not named in FIR but a...