Criminal Law – PMLA – Quashing at Pre-Trial Stage – Alternate Remedy – ECIR did not name appellants and CBI dropped them in supplementary report – ED complaint rests on alleged withdrawal of attached sums (post-PAO) linked to an identified quantum ₹33,80,87,617/- claimed as proceeds of crime – Held: With statutory appeals under Section 26 PMLA pending and PMLA...
Quashing of FIR – Section 482 CrPC – Domestic Cruelty and Dowry Allegations – Quashing set aside – FIR alleged beatings, abuses, tearing clothes and demand of ₹5 lakhs – High Court quashed FIR as vague and non-cognizable relying on statements in divorce proceedings – Held: At pre-investigation stage, such evaluation is premature and outside Section 482 limits ...
Criminal Law – Conspiracy – Sections 120B/302/109 IPC – Substratum of Prosecution Case – Principal Alleged Conspirator Discharged – Respondent charged with conspiring with Dr. Sanjay Singh to murder Syed Modi; Dr. Sanjay Singh and Amita Kulkarni earlier discharged, their discharge affirmed up to Supreme Court – Held: With the alleged main conspirator discharged ...
Criminal Law – Quashing of Confiscation Proceedings – Forest produce/vehicles seized – Authorized Officer initiated/confiscation contemplated under WB-inserted Sections 59A–59G – High Court, invoking Section 482 CrPC, directed interim release/custody – Held: Confiscation proceedings form a self-contained code – On initiation, criminal court’s jurisdi...
Criminal Law – Quashing of Complaint – Section 197 CrPC – Protection to Public Servants – Sanction Mandatory – Acts Related to Discharge of Official Duty – Held: When public servants are accused of committing acts in purported discharge of their official duties, prosecution cannot be initiated without prior sanction under Section 197 – The search, seizure ...
Criminal Law – Quashing of FIR - Corruption – Inordinate Delay in Sanction – Violation of Article 21 – Proceedings Quashed – Appellant, a retired Executive Engineer, was accused of possessing disproportionate assets amounting to ₹50,600 – No sanction granted for over 13 years – Supreme Court held that delay violated the right to speedy trial under Articl...
Criminal Law – Appeal Against Quashing Of Complaint - Forgery – Criminal Proceedings – Section 465, 468, 471 IPC – Criminal Process Revived – The appellant alleged forgery of her signature and others on a dissolution deed of a partnership firm—Trial Magistrate, after recording preliminary evidence, issued process under relevant IPC sections—High Court quas...
Criminal Law – Section 482 CrPC – Quashing of FIR & criminal proceedings – High Court’s powers are not limited by bar under Section 320 CrPC – Where matrimonial disputes are settled amicably, FIR or complaint under Sections 498A/406 IPC can be quashed to secure ends of justice – Hyper-technical view would defeat purpose of law meant to protect women [Paras 2...
Criminal Law – Quashing - FIR, Investigation, Search and Seizure – CrPC Sections 154, 156, 157, 165 and PC Act Section 13 – Appeal Allowed – High Court erred in quashing G.D. Entry, FIR, investigation and directing return of seized articles – Held: G.D. Entry disclosed cognizable offence of demand and acceptance of ₹1 lakh bribe; it could be treated as FIR; sufficie...
SC/ST Act – Cognizance – Caste-based Abuse – Public View – Appellants challenged cognizance order under Sections 3(1)(r)(s)(w)/3(2)(va) of SC/ST Act – Alleged that caste-based remarks were made inside house and not in public view – Trial court relied on FIR, injury report, restatement of informant and witness statements indicating villagers assembled after heari...