Legal Procedure – Challenge of Magistrate’s Order – Applicants, advocates by profession, seek quashing of a Magistrate’s order for preliminary inquiry – Application made under Section 482 Cr.P.C. – High Court finds no illegality in Magistrate’s direction, application dismissed. [Para 2, 16-17]
FIR Registration – Mandate of FIR registration in case...
Criminal Petition – Quashing of Complaint – Petition under Section 482 Cr.P.C. for quashing complaint in C.C.No 225 of 2018 for offense under Sections 138 and 142 of the Negotiable Instruments Act, 1881 – Accused sought to quash complaint alleging fraudulent cheque and misuse of power of attorney. [Para 1, 5]
Cheque Fraud – Accusation of issuing a fraudulent, c...
Criminal Miscellaneous Cases - Quashing of Proceedings - Accused conductors of buses charged under Section 190(2) read with Section 196 of the Motor Vehicles Act, 1988 (MV Act) for wrongfully restraining students from boarding the buses - Alleged violation of standards related to road safety, noise control, and air pollution - Examination of whether conductors can be prosecuted under Section 190(2...
Criminal Law - Quashing of Order - Money Laundering - Petitioner accused of siphoning Rs. 190 crores - Enforcement Directorate registered case under PMLA - Petitioner seeks quashing of order dismissing application for exemption from personal appearance - Petitioner's counsel argues non-inclusion as accused in initial FIR - Enforcement Directorate later adds petitioner's name through supple...
Application for Quashing FIR and Proceedings – Involving Mega Grain Trading Pvt. Ltd. – FIR for offenses under Sections 406, 420, and 114 of IPC – Request to quash based on amicable settlement between parties. [Para 4, 5, 6, 11]
Amicable Settlement and Affidavit by Complainant – Parties reached a mutual settlement during the pendency of proceedings – Original compl...
Personal appearance – Exemption from – Parameters for granting exemption from personal appearance – Accused entitled to exemption when facing hardship or inconvenience due to trial delays – Factors to consider: being a woman, elderly, disabled, facing economic or physical hardship, or required to travel long distances – Each case to be assessed on its own facts and ci...
Quashing of FIR - Allegations under Section 306 IPC and Sections 6, 18, 8, 21 of the Protection of the Children from Sexual Offences Act, 2022 (POCSO Act) - Incident of suicide by a student due to alleged harassment, bullying, and torture by classmates at the school - Jurisdiction of the High Court to examine the petitioner's plea for quashing the FIR and consequential proceedings
POCSO Act...
Criminal Revision – Quashing of Proceedings – Narcotics Case – Petitioner seeks quashing of proceedings and orders – Allegations of involvement in storing and transporting contraband – Statements of co-accused implicating the petitioner – Initial discharge application rejected – Further investigation ordered – Prima facie case established against the...
Section 482 of Cr.P.C. – Quashing of FIR – Offense punishable under Section 304-A IPC – Allegations of negligence in arranging medical team during sports event leading to the death of the deceased – Direct or proximate cause of death – Absence of direct causal link – Petition allowed, FIR and subsequent criminal proceedings quashed against the petitioners. (Para...
Criminal Procedure – Quashing of FIR – FIR No.264/2017 under Sections 326-B/506 IPC challenged – Allegations of acid attack by petitioner on respondent no.2 – Inherent improbability of allegations and lack of injury evidence led to questioning the authenticity of the FIR – Mala fide initiation of proceedings due to property dispute evident – FIR quashed. [Para 1...