Criminal Law – Rape Allegation – Delay in Complaint – Summoning Order Quashed – Private complaint filed in 2014 alleging rape and caste atrocity based on incidents from 2010 – Cognizance taken under Section 376 IPC after magisterial inquiry – Appellant alleged consensual relationship and misuse of legal process – Held: Four-year unexplained delay, lack of ...
Criminal Law – Quashing of FIR – Section 528 BNSS (corresponding to Section 482 CrPC) – FIR alleging rape on pretext of marriage filed by complainant after she was issued a show cause notice by her employer pursuant to the appellant’s complaint – Appellant and complainant were colleagues for five years and were in a consensual relationship – FIR filed four month...
Criminal Procedure – Quashing of FIR – Scope and Limits of Judicial Interference – Complaint against a former Chief Minister alleging disproportionate assets – FIR quashed by High Court on grounds of political vendetta and mala fides – Supreme Court reverses High Court decision – Holds that FIR disclosed commission of cognizable offence and warranted investigati...
Criminal Law – Misappropriation by Public Servants – Quashment – Petitioners, employees of BEVCO, were prosecuted for misappropriating foreign liquor stock worth ₹27,92,523 during 01.04.2018 to 30.07.2018 – Contended that remittance of the loss amount in accordance with BEVCO’s circular dated 20.12.2017 absolved them of criminal liability – Held: Circular subs...
Criminal Law – Sections 406 & 420 IPC – Failure to perform contract – Civil breach dressed up as criminal case – FIR after 8 years held mala fide – Quashed under Bhajan Lal.
Criminal Law – Cheating and Criminal Breach of Trust – Quashment – Dispute arose out of a sale agreement executed in 2013 for property transfer – Complainant paid â‚...
Section 482 Cr.P.C. – Quashing – Bhajan Lal applied – Civil loan/cheque dispute dressed up as cheating/forgery – Multiple retaliatory FIRs – Proceedings quashed – Parties relegated to civil remedies.
Section 482 Cr.P.C. – Quashing – Bhajan Lal principles – Civil dispute given criminal colour – Proceedings Quashed – Allegations pe...
Capsule – Section 498A IPC/Dowry Act – Omnibus allegations – Bhajan Lal applied – FIR vague, lacking specifics – Criminal proceedings quashed against brother-in-law – Parties free to pursue other remedies.
Section 498A IPC/Dowry Act – Quashing – Omnibus allegations – Allegations in FIR against brother-in-law vague and lacking time, place, or...
Criminal Law - Prevention of Corruption Act – Procurement Fraud – Quash Petition – Allegations that petitioner (Assistant Executive Engineer, TWAD Board) colluded with Executive Engineers and private parties (fictitious firms) in procurement of HDPE materials under forged tender documents – Petitioner contended departmental charges on same facts dropped in 2007; co-accused ...
Criminal Law – Quashing of FIR - Abetment of suicide – FIR alleged illicit relationship between police constable (deceased) and applicant – No proximate act, instigation, or mens rea shown – Mere suspicion not enough – Continuation of trial would be abuse of process – FIR, charge sheet and Sessions Case quashed [Paras 18–27].
Abetment of suicide –...
Criminal Proceedings Against Doctors – Summoning Order for Medical Negligence Quashed – Magistrate failed to conduct mandatory enquiry or obtain expert opinion before issuing process under Section 304A IPC [Paras 15, 21–23, 29–30].
Medical Negligence – Section 304A IPC – Preliminary Enquiry Mandatory – Summoning Order Set Aside – Magistrate issued...