Criminal Law – Quashing - Proclaimed Person – Mandatory Compliance of Section 82 CrPC / Section 84 BNSS – Mechanical Declaration Set Aside – Trial Court declared the petitioner a proclaimed person on the basis of alleged execution of warrants through family members and unexecuted non-bailable warrants – No proper satisfaction recorded that the petitioner had abs...
Criminal Law – Quashing of FIR – Section 482 Cr.P.C. – Matrimonial Dispute – Allegations arising out of strained marital relationship – FIR lodged after initiation of divorce proceedings – Allegations found to be counterblast and motivated – High Court empowered to prevent abuse of process of law [Paras 5–10, 30].
Rape – Marital Ra...
Criminal Procedure Code – Section 482 – Quashing of Proceedings – Scope and Limits – High Court quashed prosecution holding dispute to be purely civil and relying on prior civil decree upholding settlement deeds – Supreme Court reiterates that inherent powers cannot be used to conduct a mini-trial or evaluate credibility of allegations – At quashing stage, alleg...
Negotiable Instruments Act – Section 138 – Multiple Cheques – Same Underlying Transaction – Distinct Causes of Action – Complainant entered into Agreement to Sell with accused firm – On failure to execute sale deed, multiple cheques issued by firm and proprietor from different accounts on different dates – Each cheque presented separately and dishonoured i...
Criminal Law – FIR – Jurisdiction of Police Station – Anti-Corruption Bureau – High Court quashed FIRs registered under PC Act on ground that ACB Central Investigation Unit, Vijayawada was not notified as police station under Section 2(s) CrPC – Held: Approach hyper-technical and unsustainable – Declaration of ACB offices as police stations under G.O.Ms. No.268 ...
Criminal Law – Inherent Powers – Section 482 Cr.P.C. – Quashing of Proceedings – Court empowered to prevent abuse of process and secure ends of justice – Proceedings against petitioner examined at threshold [Paras 1–3, 10–11].
Section 498A IPC – Scope of “Relative of Husband” – Neighbour or Stranger – Petitioner alleged to ...
Criminal Law – Quashing under Section 482 Cr.P.C. – Abuse of Process – Accused charged with offences under Sections 332, 353, 354(B), 354(A), 224 and 225(1) IPC alleging assault on woman civil police officer, attempt to disrobe her and rescue of accused from police custody – Petitioners sought quashment contending false implication and police atrocities – District Pol...
Criminal Revision – Cognizance and Framing of Charge – Scope of Interference – Revision filed challenging order of cognizance dated 22.10.2021 and order framing charge dated 24.01.2024 under Section 306 IPC – Held: Revisional jurisdiction is limited and interference warranted only when orders suffer from patent illegality or perversity [Paras 2, 9, 41–42].
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Criminal Law – Compromise after Conviction – Non-Compoundable Offences – Sections 324, 148, 149 IPC – Accused convicted and sentenced to rigorous imprisonment up to two years – During pendency of appeal parties entered into voluntary compromise – Trial Court verified compromise and reported it to be genuine and without coercion – Held: High Court can quash...
Criminal Law – Quashing of Proceedings – Cognizance Order – Appellant not named in FIR alleging fraudulent transfer of agricultural land allotted in 1997 – Cognizance/summoning order passed mechanically without specific role or prima facie material – Held: Cognizance order dated 20.03.2023 suffers from non-application of mind and is liable to be quashed [Paras 20, 22,...