Criminal Procedure - Quashing of FIR - Limitation Period - Excise Act - Petition for quashing FIR registered under Punjab Excise Act—FIR registered on 25.08.2016, challan presented on 23.02.2021—Cognizance taken barred by limitation under Section 75(2) of the Punjab Excise Act and Section 468 CrPC—Special sanction time exclusion plea untenable as limitation period had expired&mda...
Criminal Procedure - Quashing of FIR - Proclaimed Offenders - Acquittal of Co-Accused - Petitions by foreign citizens for quashing FIR and orders declaring them proclaimed offenders—Petitioners were unaware of FIR—Co-accused acquitted—Common allegations of cutting and taking away 40 trees in a land dispute—Evidence found insufficient to prove exclusive possession or commiss...
Criminal Procedure Code – Quashing of Proceedings – Section 482 CrPC – The Supreme Court evaluated the High Court's exercise of power under Section 482 of the Criminal Procedure Code, 1973, in quashing criminal proceedings based on a settlement agreement. The case involved the quashing of FIR and subsequent proceedings in a case of serious offences including abduction and ass...
Land Laws – Village Common Land – Eviction – Petition by Gram Panchayat for land described as Gair MumkinChappar/pond within abadi deh – Collector dismissed the eviction petition, holding land does not vest in Gram Panchayat – Appellate Authority reversed, holding pond within abadi deh vests in Gram Panchayat under Section 2(g) of the Punjab Village Common Lands (Regu...
Village Common Land – Regularization of Unauthorized Constructions – Civil Writ Petition against rejection of regularization claim – Petitioner constructed house and cattle shed on Panchayat land – Claim based on long-term use by forefathers – Government reconsideration of earlier prohibitions against such claims – Matter remanded for reconsideration under new r...
Criminal Proceedings – Quashing – Cheating and Criminal Breach of Trust – Dispute of non-payment of bills under a contract – Allegations of issuing dishonored cheques – High Court quashes entire criminal proceedings including order taking cognizance, finding the dispute to be primarily civil in nature. [Para 10-11]
Intention to Cheat – Importance of...
Negotiable Instruments Act - Quashing of FIR - Complaint case under Section 138 NI Act - Petitioner declared proclaimed offender for non-appearance; FIR registered under Section 174-A IPC - Main dispute settled via compromise - Held, continuation of proceedings under Section 174-A IPC post-compromise is abuse of process of law - FIR and all subsequent proceedings quashed. [Para 13]
Ma...
Criminal Procedure Code 1973 (CrPC) – Section 482 – Quashing of criminal complaint – Unexplained inordinate delay must be taken into consideration as a crucial factor for quashing a criminal complaint – Over four-year gap between initial investigation and complaint filing, with no evidence provided to sustain the claims – High Court must detail cases to prevent miscar...
Criminal Procedure – Quashing of FIR – Non-Cognizable Offense – Public Gambling Act – Investigation without Magistrate’s Permission – Petition for quashing of FIR under Section 13-A of the Public Gambling Act – FIR related to recovery of Rs. 1,23,50,000/- alleged to be gambling money – Held that investigation of non-cognizable offense without Magistr...
Evidence Law - Secondary Evidence - Quashing of Order - Petition to quash order dismissing application for leading secondary evidence - Original documents produced in preliminary stage untraceable due to office shifting - Held, petitioner genuinely unable to produce original documents - Permitted to adduce secondary evidence as per exceptions under Sections 65 and 66 of the Indian Evidence Act - P...