Criminal Law - Religious Conversion – U.P. Conversion Act – Quashing – Article 32 Maintainability – Multiple FIRs – FIR No. 224/2022 lodged by a person not competent under unamended Section 4 held void ab initio – Subsequent FIRs (47/2023, 54/2023, 55/2023, 60/2023) found cyclostyled, delayed and hit by T.T. Antony test of sameness – Forensic/Aadhaar mater...
Municipal Laws – NDMC Act – Misuse of Premises – Complaint under Section 252 read with Section 369(1) – Allegation that petitioner, an advocate, used basement of residential premises as office – Held: Legal profession is not a commercial or business activity – Office of an advocate not a “commercial establishment” – Complaint unsustainable [Par...
Criminal Law – Quashing - Proclaimed Person – Legality of Declaration – Whether Proper Procedure Was Followed – The petitioner was declared a proclaimed person by the Judicial Magistrate in a cheque bounce case under Section 138 NI Act—Petitioner argued that the proclamation was issued without adhering to Section 82 CrPC—Held: Proclamation must be issued only af...
Criminal Law – Quashing of Proceedings – Scope of Interference under Section 482 CrPC – High Court’s “Mini Trial” Deprecated – High Court quashed complaint alleging fabrication of caste certificate by holding that accused acted out of “legal illiteracy” and no criminality was made out – Supreme Court held such findings conjectural and imp...
Quashing of FIR – Criminal Proceedings – Effect of Civil Court Findings – Standard of Proof – Held: Findings of Civil Court are not binding on Criminal Court and vice versa – Standard of proof in civil cases (preponderance of probabilities) differs from that in criminal cases (proof beyond reasonable doubt) – No statutory or legal principle that a finding record...
Criminal Law – Religious Conversion – Quashing of FIR – Allegations of mass religious conversions of over 100 persons across 37 Hindu families to Islam through allurement, foreign funding, promises of jobs and housing – FIR registered under multiple sections of IPC, Gujarat Freedom of Religion Act, IT Act and SC/ST Act – Petitioners argued that conversions were volunt...
Criminal Law – Section 498A IPC – Quashing of Proceedings – Absence of Statutory Ingredients – Held: FIR and charge sheet alleged non-cohabitation and emotional neglect after marriage – No allegation of conduct likely to cause suicide or grave injury – No harassment for unlawful demand made out – Allegations insufficient to constitute cruelty under either ...
Criminal Law – Quashing of FIR – Scope of Section 482 CrPC – Principles reiterated from Bhajan Lal case – FIRs and charge-sheets cannot be quashed merely on allegations of mala fides if prima facie material discloses cognizable offence – Mala fides of complainant irrelevant when ingredients of offence exist – High Court rightly observed its jurisdiction under Se...
Criminal Law – Cheating and Criminal Breach of Trust – Civil Dispute vs. Criminal Offence – Allegation that appellants failed to execute sale deed or refund consideration under agreement for sale – FIR registered under Sections 406 and 420 IPC – Held: Mere breach of contract or failure to return advance money does not constitute cheating or criminal breach of trust un...
Criminal Law – Sanction for Prosecution – Section 197 CrPC – PC Act Ss. 13(1)(c), 13(2) – IPC Ss. 409, 468, 471 – Allegation that petitioner misused official position as Secretary, TN Legislative Assembly, and claimed travel allowance for private visit – Petitioner obtained Speaker’s permission and undertook travel; no records of meeting with Secretary Gen...