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 - 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 – 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 – 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...
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 - 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 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...
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...
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...