Criminal Law – Framing of Charge – Prima Facie Case Requirement – At the stage of framing charge, the court is not required to apply the final standard of proof but only ascertain the existence of a strong suspicion regarding the commission of an offense – Held: Where the allegations indicate that the accused induced the prosecutrix into a sexual relationship under a false ...
Criminal Proceedings – Quashing of FIR – Absence of Prosecution Sanction – The petitioner, a retired school Headmistress, was accused of misappropriation in the school’s Parent-Teacher Association and Noon Meal Fund – The Government declined to grant sanction for prosecution – Held: Prosecution sanction is mandatory for proceeding with the case; in its absence, ...
Quashing of Criminal Proceedings – Section 482 CrPC – Summoning Order Lacks Reasons – The appellants were charged with manufacturing and distributing a drug declared as ‘Not of Standard Quality’ – The trial court issued summons without assigning reasons – The Supreme Court reiterated that a summoning order must reflect application of judicial mind and must...
Criminal Law – Quashing of Proceedings – Wrongful Confinement and Human Trafficking – Supreme Court quashes proceedings against Ajay Malik under Sections 343, 370, and 120B IPC – High Court erred in rejecting his quashing petition despite lack of prima facie evidence – Complainant’s statements, no-objection affidavits, and presence of an alternative exit at the ...
NDPS Act – Quashing - Admissibility of Statements under Section 67 – Reliance on Co-Accused’s Statement Quashed – The petitioner was implicated in the case solely based on the confessional statements of co-accused under Section 67 of the NDPS Act. Held: Such statements, being inadmissible under Section 25 of the Evidence Act as per Tofan Singh v. State of Tamil Nadu, cannot...
Criminal Law – Quashing - Proclaimed Offender Declaration – Non-compliance with Section 82 of Cr.P.C. – Order Set Aside – The Chief Judicial Magistrate failed to record satisfaction regarding the petitioner’s absconding or concealment, as mandated under Section 82(1) of Cr.P.C. – Proclamation proceedings vitiated for non-adherence to procedural requirements, inc...
Criminal Law - Challenging dismissal of discharge - Prevention of Corruption Act and Indian Penal Code – Discharge of Accused – Allegations of Misappropriation – Petitioner (Accused No. 11), a customer of Elamgulam Service Co-operative Bank Ltd, charged under Sections 13(1)(c) and (d) read with Section 13(2) of the Prevention of Corruption Act, 1988, and Sections 409, 420, 468, 4...
Criminal Procedure Code – Quashing of FIR – Sections 63 and 65 of Copyright Act, 1957 and Sections 103 and 104 of Trade Marks Act, 1999 – FIR and subsequent proceedings quashed – Violation of procedural safeguards under Trade Marks Act – Investigation and seizure by unauthorized officer [Paras 1–14]. Copyright Act, 1957 – Scope of Copyright – Manu...
Criminal Law – Abetment of Suicide – Sections 306 and 107 IPC – The appellant, Laxmi Das, was accused of abetment of suicide on the grounds that she disapproved of her son’s relationship with the deceased and insulted the deceased. The Supreme Court held that there was no direct or indirect act of instigation or incitement by the appellant that led to the suicide. Disapprov...
Criminal Law – Quashing - Offence of Mischief under IPC – Section 430 read with Section 34 – Petitioners, as office bearers of an apartment owners’ welfare association, were accused of wrongfully disconnecting water supply to the defacto complainant's rental flat for non-payment of arrears. Held: The alleged disconnection of water supply, which was reconnected after arr...
