Section 482 - FIR under SC/ST Act - Quashing of - Test to determine – Held - while exercising its power to quash an FIR under Section 482, the High Court must determine whether the allegations made in the complaint, prima facie, constitute an offence, and whether the allegations are so improbable that a prudent man would not conclude that there is sufficient ground to proceed with the compla...
Criminal Procedure - Quashing of complaint and summoning order - Compliance with Section 202 of the Cr.P.C. - Petitioners filed a petition seeking the quashing of a complaint and summoning order under Section 500, 34 IPC - The complaint was filed by the respondent in the Court of the Chief Judicial Magistrate, Chandigarh - Petitioners contended that the Magistrate failed to comply with Section 202...
Quashing of Government Orders establishing Anti Land Grabbing Special Cells in Tamil Nadu - High Court's decision to set aside the orders - Lack of guidelines for selecting land grabbing cases - Potential for abuse and misuse of power - Suggestions for enacting legislation with clear definitions - Supreme Court upholds High Court's decision. (Para 1-8) Formation of 36 Anti Land Grabbing Sp...
Abetment of suicide - Essential elements - Mere allegations of harassment not sufficient to establish guilt - Conviction under Section 306 IPC requires proof of instigation or intentional aid to the commission of suicide - Direct or indirect act/s of incitement needed - Act/s should be proximate to the time of occurrence - Absence of abetment element from the allegations renders offence under Sect...
Constitutional Law – Equality Before Law – Petition challenging the ten-year limit for considering sports achievements for government job eligibility under the sports quota – Petitioner’s earlier sports achievements excluded by the impugned Government Order – High Court finds the ten-year restriction arbitrary, lacking rational basis, and violative of Article 14 of th...
Criminal Procedure Code, 1973 – Sections 468 and 469 – Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 – Sections 6, 7A and 12 – Quashing of FIR, report under Section 173 Cr.P.C. and subsequent proceedings – Limitation for taking cognizance of offence – Maximum sentence prescribed under Section 12 – Knowle...
Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Offences under Sections 283 and 427 of IPC - FIR registered against the petitioners for operating a car workshop in a residential area - Petitioners sought quashing of the FIR and all proceedings arising from it - Counsel for petitioners argued that the FIR was registered due to multiple litigations with the landlord and that the offe...
Criminal Law - Quashing of FIR and Charge-sheet - Petition under Section 482 CrPC - Criminal Appeal against the order of High Court refusing to quash FIR for abetment of suicide - FIR lodged for offenses under Sections 306, 506, and 34 IPC - Complainant filed no objection to the quashing of FIR - Allegations in suicide note and FIR vague and do not attract Section 306 IPC - Compromise reached betw...
Criminal Law - Quashing of Complaint and Summoning Order - Petition under Section 482 CrPC - Complaint against Independent Director of company for offenses under Sections 120-B, 406, and 420 IPC - Petitioner served as Independent Director from 04.07.2018 to 14.02.2020 - Alleged offenses occurred between 2006 and 2017, prior to petitioner's involvement with the company - No material evidence in...
Criminal Law - Quashing of Complaint and Summoning Order - Petition under Section 482 CrPC - Complaint against company officials for offenses under Sections 120-B, 406, and 420 IPC - Magistrate conducted inquiry under Section 202 CrPC - Police report and documents examined - Magistrate found sufficient material to proceed - Petitioners' claim of non-consideration of police report and plea of f...