Criminal Law – Quashing - Cheating – FIR under Section 420 IPC – Dispute regarding unpaid dues for coal supplied – Appellant, a businessman, entered into commercial transactions with respondent for supply of coal – Payments defaulted due to business losses – Subsequent notarized agreement for repayment not honoured – High Court refused to quash FIR –...
Criminal Proceedings – Cross FIRs between Advocates – Quashing in Interest of Justice – Incident arose from personal animosity between two lawyers – First FIR registered by appellant alleged physical assault; second FIR by respondent alleged abuse and threats – Supreme Court held both FIRs stemmed from same transaction and prolonged animosity – Quashed both FIRs...
Anticipatory Bail – Bank Fraud – Section 438 Cr.P.C. – Accused Alleged to Have Withdrawn Rs.1.5 Crores – Petitioner added as A20 in large-scale financial fraud involving bank employees and misuse of overdraft and fixed deposit schemes – Court held that custodial interrogation necessary due to non-recovery of funds and lack of explanation – Bail denied [Paras 3&n...
Criminal Complaint – Quashing under Section 482 Cr.P.C. – Petitioners challenged the summoning order by the Trial Court, claiming lack of essential ingredients of the alleged offences – Cited Supreme Court precedents on the necessity of reasoned orders for summoning – Court observed complaint lacked specific allegations and appeared motivated by personal vendetta – Co...
Criminal Law – Discharge of Accused - Sanction for Prosecution – Protection Under Section 197 Cr.P.C. – Actions Performed During Official Duty – The accused, a police officer, allegedly used force while enforcing a breath analyzer test – The Court held that though he had no authority to manhandle the complainant, his actions were connected to his official duty –...
Quashing of FIR – Deliberate and malicious acts intended to outrage religious feelings – Section 299 BNS – FIR Not Quashed – The petitioner, a political spokesperson, was accused of tearing pages of the holy book "Manusmriti" during a live television debate – The petitioner contended that the act was neither intentional nor malicious and relied on precedent ...
Criminal Law – Quashing - Second Complaint After Acceptance of Final Report – Not Maintainable in Absence of Special Circumstances – Summoning Order Set Aside - The first FIR filed by the complainant in 2005 led to a final report being accepted in 2012 – A fresh complaint was filed in 2017 on identical facts, leading to the summoning of the accused under Section 406 IPC &nd...
Criminal Law – Quashing - Proclaimed Person – Legality of Declaration – Whether Proper Procedure Was Followed – The petitioner was declared a proclaimed person by the Judicial Magistrate in a cheque bounce case under Section 138 NI Act—Petitioner argued that the proclamation was issued without adhering to Section 82 CrPC—Held: Proclamation must be issued only af...
Criminal Law - POCSO Act – Disclosure of Minor Victim’s Identity – Media Responsibility – The petitioner, an editor of a news channel, was accused of revealing the identity of a minor victim and her family in a sexual offence case—Held: Publication of victim’s identity violates Section 23 of the POCSO Act—Media houses have an obligation to protec...
Criminal Law – Quashing of Final Report – Petition under Section 482 Cr.P.C. – Petitioner accused of offences under Section 15(1) of POCSO Act and Section 67B of IT Act – Allegations of sharing and transmitting pornographic material involving a child – No material evidence to show petitioner shared or transmitted such material – Mere possession or storing withou...
