Criminal Law - Challenging dismissal of discharge - Prevention of Corruption Act and Indian Penal Code – Discharge of Accused – Allegations of Misappropriation – Petitioner (Accused No. 11), a customer of Elamgulam Service Co-operative Bank Ltd, charged under Sections 13(1)(c) and (d) read with Section 13(2) of the Prevention of Corruption Act, 1988, and Sections 409, 420, 468, 4...
Criminal Law – Quashing - Proclaimed Offender Declaration – Non-compliance with Section 82 of Cr.P.C. – Order Set Aside – The Chief Judicial Magistrate failed to record satisfaction regarding the petitioner’s absconding or concealment, as mandated under Section 82(1) of Cr.P.C. – Proclamation proceedings vitiated for non-adherence to procedural requirements, inc...
NDPS Act – Quashing - Admissibility of Statements under Section 67 – Reliance on Co-Accused’s Statement Quashed – The petitioner was implicated in the case solely based on the confessional statements of co-accused under Section 67 of the NDPS Act. Held: Such statements, being inadmissible under Section 25 of the Evidence Act as per Tofan Singh v. State of Tamil Nadu, cannot...
Criminal Law – Abetment of Suicide – Sections 306 and 107 IPC – The appellant, Laxmi Das, was accused of abetment of suicide on the grounds that she disapproved of her son’s relationship with the deceased and insulted the deceased. The Supreme Court held that there was no direct or indirect act of instigation or incitement by the appellant that led to the suicide. Disapprov...
Criminal Procedure Code – Quashing of FIR – Sections 63 and 65 of Copyright Act, 1957 and Sections 103 and 104 of Trade Marks Act, 1999 – FIR and subsequent proceedings quashed – Violation of procedural safeguards under Trade Marks Act – Investigation and seizure by unauthorized officer [Paras 1–14].
Copyright Act, 1957 – Scope of Copyright – Manu...
Criminal Law – Quashing - Offence of Mischief under IPC – Section 430 read with Section 34 – Petitioners, as office bearers of an apartment owners’ welfare association, were accused of wrongfully disconnecting water supply to the defacto complainant's rental flat for non-payment of arrears. Held: The alleged disconnection of water supply, which was reconnected after arr...
Criminal Law – Quashing of Proceedings – Limitation and Unauthorized Construction – Petitioners sought quashing of the criminal complaint for unauthorized construction under Sections 31-32 of the JDA Act. They argued that the construction was over 25 years old and barred by limitation, the notice was improperly served, and the inclusion of petitioners No. 1 and 3 was arbitrary as...
Criminal Law – Quashing - Fraudulent Land Transfers – Allegations of Sale of Government-Vested Land – Allegations of illegal transfer of government-vested land using fabricated powers of attorney – Petitioners include councilors, intermediaries, and witnesses – Held: Prima facie evidence of fraud, forgery, and conspiracy; investigation into large-scale transfer of gov...
Criminal Law – Quashing of FIR – Business Dispute – The petitioner sought quashing of the FIR on the grounds that the dispute was of a civil nature arising out of a long-standing business relationship with the complainant. The petitioner contended that the complainant was attempting to use the criminal justice system to settle a commercial dispute, which involved transactions of ...
Criminal Law – Quashing of FIR – Appellant petitioners sought quashing of FIR under Sections 420, 406, 467, 468, 471, and 120-B of IPC – FIR was registered post the enactment of Bhartiya Nyaya Sanhita (BNS) 2023 – Dispute between family members regarding the alleged forgery of a will and manipulation of property records – Petitioners argued that with the repeal of the...