Quashing of Conviction and Sentences – Criminal Appeal against High Court's reversal of acquittal – Appellants convicted under Sections 302, 201 and 34 IPC for murder of Mahesh Sahu – Supreme Court finds High Court erred in reversing well-reasoned acquittal based on conjectures and surmises – Held, the trial judge's findings were on correct appreciation of evidence,...
Quashing of FIR and Proceedings – FIR No. 46 Dated 11.05.2008 under Section 306/34 IPC – Suicide of Aruna Rani – FIR based on delayed statement of Paramjit Kaur citing harassment by 11 individuals – Suicide note in deceased’s handwriting but no direct evidence of abetment by named individuals – High Court finds no proximate link or clear mens rea for abetment &n...
Quashing of NBW Sought by Petitioner – Alleged involvement in bribery to influence a CBI case – Petitioner's repeated absence and failure to comply with court directives – Non-Bailable Warrants (NBW) issued – Petitioner’s application under Section 482 Cr.P.C. seeking quashing of NBW and related proceedings [Paras 1, 9-14, 20-38].
Quashing of Non-Baila...
Factual Background – Complaints were made by the petitioner under Sections 498A and 406 IPC against her husband and in-laws, alleging severe demands for dowry and subsequent physical and mental cruelty after her marriage in 1998 – The FIR was filed in December 2002 and charge-sheet filed in July 2004 – Magistrate took cognizance on the same day the charge-sheet was filed [Paras 2...
Seizure and Freezing of Bank Accounts – Connection with Corruption Case – The appellant’s bank accounts were seized and frozen during the investigation of her husband (Accused No. 3) in a corruption case involving Canara Bank - [Paras 3-6, 13].
Trial Court’s Order on Seized Amounts – Allowed partial utilization of the seized funds; the rest was to be invested and i...
Quashing of Proclamation as Proclaimed Person – Challenging the order declaring petitioner as proclaimed person in FIR No.79/2014 under Sections 325, 323, 34 IPC – Allegation of incorrect calculation of mandatory 30 days period under Section 82 Cr.P.C. – Proclamation and declaration as proclaimed person quashed due to non-compliance with mandatory requirements of Section 82 of Cr...
Criminal Law – Copyright Infringement – Vicarious Liability – Court dealt with the issue of vicarious liability under the Copyright Act, 1957. The petition sought the quashing of proceedings against the petitioner, accused of copyright infringement in his capacity as AGM of a company. The Court examined the applicability of vicarious liability and the role of the company in the a...
Quashing of Proceedings – Incompetence of Complainant – Inadequate Authority of Additional Chief Medical Officer – Pre-Natal Diagnostic Techniques Act Violations – Court holds that the Additional Chief Medical Officer, who filed the complaint, was not the ‘appropriate authority’ as mandated under Section 28 of the Act of 1994. Observes that the complaint w...
Quashing of Conviction and Sentence - Criminal Revision against Judgment of Lower Courts - Petitioner convicted under Sections 498A IPC and 4 of Dowry Prohibition Act - Allegations of demand for Rs. 10,000/- for maintenance of child - Complainant alleged harassment by petitioner and matrimonial relations for non-fulfillment of demand - Evidence of four witnesses examined, including complainant and...
Criminal Revision – Discharge Application – Section 138 of the Negotiable Instruments Act – addressed the application filed under Section 482 of the Criminal Procedure Code (Cr.P.C.), seeking quashing of the order and proceedings in a complaint case under Section 138 of the Negotiable Instruments Act. [Para 2, 12]
Factual Background – The applicant, f...