Criminal Law – Land Dispute – Quashing of FIR – Petitioners accused of creating false documents and threatening complainant regarding land in Survey No. 956 – Petitioners relied on registered sale deeds from 2015 and asserted possession – Civil suits concerning title and possession already pending between parties – Held: Continuation of criminal proceedings in a...
Criminal Law – Framing of Charge – Prima Facie Case – Land Fraud Allegation – Petitioners accused of securing illegal allotment of plot by suppressing material facts regarding existing allotment in husband’s name – Trial court refused discharge holding prima facie evidence existed – Held: At framing of charge, court need only examine whether allegations ta...
Criminal Law – Cheating & Breach of Trust – Settlement through MOU – Complainant alleged misuse of signatures and cheating of ₹4 crores – FIR 355/2008 registered – During investigation, parties entered into MOU (14.06.2008) where petitioners paid ₹5 crores in full and final settlement, both agreed to withdraw civil/criminal cases – Once complainant accep...
Criminal Law - UAPA – Grounds of Arrest – Mandatory Written Communication – Appellants arrested under UAPA without being furnished written grounds of arrest at the time of apprehension – State argued that grounds were explained by remand court and later supplied to counsel – Held: Explanation by court or post-facto supply to counsel does not satisfy requirement under ...
Criminal Law – Corporal Punishment by Teacher – Quashing of Proceedings – No Mens Rea – Bona Fide Act to Enforce Discipline – Proceedings Quashed – Accused, a school teacher, allegedly caned students involved in a fight in the classroom – Victim, a minor, stated that teacher beat only those involved, and only on their legs – No medical treatment take...
Criminal Law – Rape – Quashing on Settlement – Gang Rape and Abduction – Petitioners accused of abducting and repeatedly raping the de facto complainant under threat and confinement – Despite affidavit of compromise by victim, High Court refused to quash proceedings – Held: Offences of rape, especially gang rape, are crimes against society, not merely private wr...
Criminal Law – Quashing of Proceedings of NDPS – Section 482 CrPC – Accused Named Only in Co-accused Statement – No Recovery – Delay of 14 Years – Proceedings Quashed – Petitioner implicated in Jalangi P.S. Case No.308/2010 based solely on confession of co-accused; no recovery made from him, no evidence collected despite warrant issued in 2010 – Poli...
Criminal Law – Cognizance – Quashing of Summoning Order – Dispute Related to Temple Management – Complaint alleged encroachment, criminal intimidation, and physical assault by petitioner due to a temple management dispute – Petitioner’s father had been appointed trustee of Kali Mandir by Bihar State Board of Religious Trusts – Prior civil litigation in fav...
Criminal Law – Sections 265 and 266 IPC – Applicability of Legal Metrology Act – Charges for fraudulent use and possession of false weights and measures quashed – Held: In view of Section 51 of the Legal Metrology Act, 2009 and the Supreme Court’s decision in State of U.P. v. Aman Mittal (2019) 19 SCC 740, prosecution under IPC Sections 265 and 266 is barred where off...
Criminal Law – Quashing of FIR – Cross FIRs – Petition under Section 482 Cr. PC filed seeking quashing of cross FIR No. 389/2023 and summoning order dated 20.06.2024 – Petitioners contended that the cross FIR was retaliatory and lodged to counter their complaint (FIR No. 388/2023) arising from the same incident – Alleged contradictions and inconsistencies in the compl...