Quashing of Cross-Case – Delay of 12 Years – Re-Investigation Held Unjustified – The petitioner sought quashing of a cross-case (DDR) filed in 2012, arguing that he was declared innocent in the original investigation and no fresh material warranted reopening the matter – The Trial Court had ordered re-investigation without assigning any cogent reasons – Held: Re-inves...
Criminal Law - Quashing of FIR – Section 505(2) IPC – No Prima Facie Case – Allegation of false news report against the petitioner, a media network editor, for airing misleading information – The petitioner neither hosted nor participated in the broadcast – Held: No ingredient of Section 505(2) IPC met – FIR quashed [Paras 8-12]. Freedom of Press – Medi...
Criminal Law – Quashing of FIR - Prohibition Law – Validity of FIR Based on Breath Analyzer Test – FIR Quashed – The petitioner was booked under Section 37 of the Bihar Prohibition and Excise Act, 2016, based solely on a breath analyzer test showing 41 mg/100 ml blood alcohol concentration – No confirmatory blood or urine test was conducted – The Court relied on...
Quashing of FIR – Section 17-A of Prevention of Corruption Act – Procedural Safeguard – Accused as Municipal Commissioner challenged FIR alleging malafides and non-application of mind during approval under Section 17-A – Held: Approval under Section 17-A must be substantive, not ritualistic, requiring application of mind to the materials presented – Court found lack o...
Criminal Proceedings – Abuse of Process – Delay in Complaint – Section 498A IPC – FIR Quashed – The wife alleged cruelty and harassment but filed the complaint three and a half years after the alleged incidents – No explanation was provided for the delay – Multiple legal proceedings were initiated by the wife after failed settlement talks – Held: FIR...
Quashing of Criminal Proceedings – Civil Dispute Given Criminal Color – Petitioner accused of failing to pay outstanding business dues of ₹5,93,760 despite repeated demands—Complainant alleged cheating and criminal breach of trust—Held: Business transaction disputes cannot be converted into criminal proceedings—There must be fraudulent or dishonest intention from in...
Criminal Law – Quashing - Cheating and Money Laundering – Ingredients Not Satisfied – The Applicants challenged the issuance of process under the PMLA and IPC, arguing that no criminal act was involved and the dispute arose solely due to delays in obtaining an Occupation Certificate (OC). The Court held that the contractual obligations between the parties were fulfilled, barring ...
Criminal Law – Quashing - Abetment of Suicide – Essential Ingredients – Mens Rea Required – Section 306 IPC – Proceedings Quashed – The applicants were accused of abetting the suicide of their elder brother due to their alleged refusal to repay a loan taken by the deceased – The FIR was lodged by the deceased’s brother-in-law after a delay of several...
Criminal Law – Quashing – Loan Dispute - Criminal Proceedings – Civil Dispute – Proceedings Quashed – The petitioners challenged the issuance of process in a loan-related dispute where non-payment was alleged as cheating and criminal breach of trust – The Court observed that mere failure to repay a loan does not constitute a criminal offence unless fraudulent in...
Criminal Law – Framing of Charge – Prima Facie Case Requirement – At the stage of framing charge, the court is not required to apply the final standard of proof but only ascertain the existence of a strong suspicion regarding the commission of an offense – Held: Where the allegations indicate that the accused induced the prosecutrix into a sexual relationship under a false ...
