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...
Criminal Law - Abetment of Suicide - Quashing of FIR - Petition to quash FIR under Sections 306, 34 IPC based on compromise - Deceased committed suicide allegedly due to threats from petitioners - Held, no mens rea or direct instigation by petitioners as per facts - Four-day gap between threat and suicide indicates no direct causation - FIR and proceedings quashed. [Paras 18, 23, 30]
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Negotiable Instruments – Cheque Dishonor – Condonation of Delay – Petition for quashing dismissal of complaint under Section 138 of NI Act – Cheque dishonored on 16.04.2012 – Legal notice dated 15.05.2012 returned unclaimed – Second legal notice sent on 02.06.2012 – Complaint filed on 16.07.2012 dismissed as time-barred – Court held that separate app...
Excise Law - Quashing of FIR - Criminal Petition to quash FIR under Section 61 of the Punjab Excise Act, 1914 - FIR registered for possession of liquor without authority - Held, post-amendment by Punjab Act No. 10 of 2003, the adjudication of such offenses is within the jurisdiction of the Excise Department - FIR registered by police is void ab initio - Petition allowed - FIR and consequential pro...
Criminal Law - Quashing of Summoning Order and Complaint – Criminal miscellaneous petition against summoning order by trial court and subsequent affirmation by revisional court – Summoning of government officials for offenses under IPC without prior sanction under Section 197 Cr.P.C. – Allegations of illegal eviction and theft by government officials of PGIMS Rohtak – Supre...
Criminal Law – POCSO Act – Non-reporting of Sexual Assault – Respondent, a medical practitioner, accused of failing to report sexual assault on minor tribal girls despite knowledge – High Court quashed FIR and chargesheet – Supreme Court emphasized that non-reporting of such crimes is serious and often shields offenders – Quashing of FIR and chargesheet at thres...
Defamation – Criminal Law – Appeal against summoning order and complaint quashing – A news article titled "Mission Misconduct" published in INDIA TODAY magazine led to defamation complaints – The article reported allegations of sexual misconduct, corruption, and sale of passports by Indian officials – The complainant, a senior officer, sought action against ...
Criminal Law – Quashing of Cognizance – Misappropriation of stocks worth Rs. 16,99,648/- – High Court directed further investigation into the role of the appellant, a District Manager, despite his exoneration in departmental proceedings – Supreme Court upheld the High Court's order for further investigation but expunged remarks prejudicial to the appellant – Inves...
Criminal Procedure – Quashing of FIRs – FIRs/complaints arising from the Newshour Debate telecasted on Times Now on 26.05.2022 were transferred to the IFSO unit of Delhi Police – Supreme Court holds that there cannot be two investigating agencies for the same incident involving different co-accused – Petitioner permitted to approach the High Court under Article 226 of the C...
Criminal Procedure – Quashing of Proceedings – Appellant challenged High Court's quashing of criminal proceedings based on a settlement between parties in a corruption case – Supreme Court emphasized the seriousness of corruption cases, stating that they cannot be quashed based merely on settlements, as corruption impacts the State and society at large – High Court'...