Criminal Law – Quashing - Cruelty under Section 498-A IPC – Taunts, Abuses and Alleged Assaults – Prima Facie Offence Made Out – Petition Dismissed – Wife alleged repeated physical and mental harassment including beatings, sexual violence, and dowry-related abuse – Court held that these allegations, if proven, could attract Section 498-A IPC and require adjudica...
Criminal Law - Quashing of Criminal Proceedings – Section 482 CrPC – Improper Exercise of Inherent Powers – High Court Erred – High Court quashed proceedings against the respondent solely on the basis that he played a minimal role and received a small alleged bribe – Held: High Court erred by evaluating sufficiency of evidence and engaging in a ‘mini-trial&rsquo...
Criminal Law – Quashing - Criminal Breach of Trust and Cheating – Prima Facie Allegations – Petition to Quash FIR Dismissed – The petitioner company had awarded a subcontract under a major irrigation project to a contractor who further sublet to the complainant – Despite knowledge and involvement, petitioners denied privity of contract – Held: Documents show sup...
Criminal Law – Quashing - Copyright Infringement – Section 63 of Copyright Act – Mens Rea Essential – Proceedings Quashed - Accused were directors of a publishing company that printed a book allegedly plagiarizing respondent's blog – Held: To constitute offence under Section 63, publication must be done “knowingly” – No material in complaint indi...
Criminal Law – Appeal against Quashing of FIR Preliminary Enquiry – Not Mandatory Before Registering FIR – Source Report Sufficient – The High Court quashed the FIR for lack of preliminary enquiry – Held: Under Section 17 of the PC Act, preliminary enquiry is not mandatory where detailed source information is already available and considered by a Superintendent of Pol...
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 –...
