Criminal Writ – Quashing - Organised Crime – KCOCA Invocation – Prior Approval – Improper Invocation – Petitioner, accused No.12, was in police custody at the time of the alleged incident of conspiracy to commit dacoity – Inclusion of KCOCA against accused based solely on co-accused’s voluntary statement without independent corroboration – Held: No m...
Criminal Law – Quashing of FIR – Allegations under Section 498A IPC and Dowry Prohibition Act – High Court quashed proceedings arising from FIR No.35 of 2024, registered by appellant-wife against husband and in-laws alleging harassment and dowry demand – High Court held non-mention of two specific incidents (dated 22.07.2021 and 27.11.2022) in earlier complaints before FIR ...
Quash Petition – Corruption Allegations – Section 482 CrPC – Alleged Conspiracy in Purchase of Fogging Machines – Quash Rejected – Petitioners, former Executive Officers of Salem District Town Panchayats, sought quashing of proceedings in Spl.C.C.Nos.1–3 of 2024 arising from Crime No.3 of 2021 under PC Act and IPC offences – Allegation: machines purchased ...
Prison Law – Furlough – Classification of Convicts – Constitutional Validity of Administrative Standing Orders – Petitioner convicted under Sections 304B, 498A, and 406 IPC – Sentence modified by Supreme Court and petitioner re-admitted to prison post-conviction – Application for furlough denied based on Clause F(3) of Standing Order No. 01/2019 which mandates a...
Arms Act – Quashing of FIR – Conscious Possession – Live Ammunition – Petitioner, a US Army personnel and citizen, found carrying 9 live cartridges in his check-in baggage at IGI Airport – Claimed the ammunition was mistakenly left in bag by his father who holds valid arms license – No firearm recovered – Petitioner unaware of the presence of ammunition &n...
Criminal Law – Quashing of Proceedings – Domestic Violence – Maintainability – Appellants approached High Court under Section 528 of BNSS (earlier Section 482 Cr.P.C.) seeking quashing of proceedings under Section 12(1) of the DV Act – High Court dismissed the petition as not maintainable – Supreme Court held that the law on maintainability is settled in Shaurab...
Criminal Law – Quashing of FIR – Civil Dispute Allegedly Converted into Criminal Case – FIR Discloses Prima Facie Cognizable Offences – Petition Dismissed – Petitioner approached for quashing of FIR under Sections 451, 504, and 34 IPC alleging false implication in a dispute over car repair charges – Held: FIR allegations show petitioner, along with co-accused, f...
Criminal Law – Quashing - Rape – Consent obtained on false promise of marriage – Applicant sought quashing of charge-sheet under Section 376 IPC on ground that relationship with victim was consensual and based on mutual love – FIR alleged repeated sexual acts on assurance of marriage by applicant and his family’s approval – Victim’s statements under Sectio...
Criminal Law – Direction to Register FIR – Section 175(3) BNSS – Judicial Cognizance – Trial Court directed police to register FIR on private complaint supported by proof of 17 RTGS transfers totaling ₹63,00,000 allegedly misappropriated by petitioner under guise of “fancy interest” investment – Held: Trial Court rightly found prima facie materials warra...
Criminal Law – Quashing of FIR - Second FIR – Distinct Allegations – Petitioners sought quashing of FIR No. 230/2024 claiming it was a second FIR barred by the judgment in T.T. Antony – Earlier FIR No. 38/2021 pertained to inducement to invest in a business scheme – Present FIR concerned subsequent acts of forgery and fabrication of documents including use of fake not...