Criminal Law – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(s) – "Place within public view" – Allegations that Appellants hurled caste-based abuses at the complainant inside her house – Held: To constitute an offence under Section 3(1)(s), the place must be open where members of the public can witness or hear ...
Criminal Law – Quashing of FIR – Blanket Protection from Arrest – High Court, while refusing to quash FIR under Article 226, granted protection from arrest till filing of charge sheet – Held: Self-contradictory and impermissible – Once FIR is not quashed, High Court cannot mechanically grant anticipatory-bail-like protection in writ jurisdiction – Such direction...
Criminal Law – Quashing of FIR – BUDS Act – Large-scale investment fraud – FIR discloses cognizable offences – Civil dispute argument rejected – Section 27 BUDS Act not applicable to offences relating to Unregulated Deposit Schemes – Yellappa precedent applied – Held: Investigation must proceed; quashing refused – Petitions dismissed [Paras 8&n...
Criminal Law – Quashing of Proceedings – Inordinate Delay – Article 21 Constitution of India – Context of the 19.02.2009 clash between lawyers and police in the Madras High Court campus – FIR registered in 2009, Charge Sheet filed in 2010, but Cognizance taken only in 2025 (16 years delay) – Held: Right to speedy trial is an inalienable fundamental right. The de...
PCPNDT Act – Cognizance only on complaint by “Appropriate Authority” – FIR under Section 154 CrPC impermissible – Complaint filed by unauthorised officer invalid – FIR and complaint quashed [Paras 9–19, 27–31].
PCPNDT Act – FIR Under Section 154 CrPC – Not Permissible – Court held that offences under PCPNDT Act are cogn...
CRIMINAL LAW – SECTION 482 CrPC – QUASHING – ABUSE OF PROCESS – SECOND COMPLAINT ON SAME FACTS – Held: Filing a private complaint under Section 200 CrPC by the same informant against the same accused regarding the same occurrence, after a negative final report had already been submitted and accepted by the court, amounts to a gross abuse of the process of law. The com...
Criminal Law – Quashing under Section 482 CrPC – Economic Offences – Bank Fraud – PC Act – One-time Settlement – Held: High Court erred in quashing FIR and chargesheet solely on settlement; grave financial fraud, fabrication of documents, loss to public exchequer, and involvement of bank manager under PC Act make quashing impermissible – Proceedings restor...
Criminal Law – Quashing of FIR – Section 528 BNSS – Scope of Judicial Interference – Petition sought quashing of FIR alleging that the petitioner, as Channel Head of Zee Rajasthan, extorted money and threatened vendors with adverse news coverage – Held: Allegations in FIR prima facie disclose cognizable offences – Court cannot evaluate evidence or conduct a &ldq...
Criminal Law – Cognizance on Protest Petition – Procedure – Petitioner summoned under Sections 409, 420, 465, 468, 471 and 120-B IPC after police filed a cancellation report and departmental inquiry found no wrongdoing – Magistrate took cognizance solely on protest petition without directing preliminary evidence – Case was incorrectly treated as instituted on a police...
Criminal Law – Quashing of Complaint – Vicarious Liability – Directors – Petitioners sought quashing of complaint filed in 1994 under IPC and Excise Act citing lack of specific allegations – Court held that in absence of averments indicating personal role or statutory vicarious liability, criminal prosecution against directors (Petitioners 3 to 9) is not sustainable &...