Criminal Law – Cheating – Section 420 IPC – Movie Investment – Quashing of Proceedings – Appellant, a movie producer, borrowed money from de-facto complainant on promise of 30% share in profits, later 47%, and issued two post-dated cheques of Rs. 24 lacs each towards principal repayment, which were dishonoured – High Court quashed proceedings under Section 406 I...
Criminal Law – Quashing of proceedings – Section 482 CrPC / Section 528 BNSS – Scope and limits – FIR and victim statements disclose serious allegations of rape, administration of stupefying substance and blackmail – Presence of supporting material including alleged objectionable videos – Held: Where allegations prima facie disclose commission of cognizable offe...
Criminal Law – Rape on false promise of marriage – Section 376(2)(n) IPC – Quashing of FIR – Allegation of physical relationship on promise of marriage resulting in pregnancy – Prosecutrix married with two children and no allegation of divorce or separation – Relationship continued over months in consensual circumstances – Held: No element of inducement, c...
Criminal Law – Section 528 BNSS – Quashing of Charge-sheet – Cognizable Offence Disclosed – Application Dismissed – FIR lodged by informant (aged 73 years) alleging that Applicant No. 1 (his former driver) along with others forcibly entered his house, misbehaved with him and outraged the modesty of his daughter-in-law by tearing her clothes – Charge-sheet filed ...
Criminal Law – POCSO – SC/ST Act – Conviction – Quashing – Article 142 – Subsequent Marriage – FIR No. 129 of 2022 registered against the appellant for offences under Sections 363, 366-A and 376 IPC, Sections 3(2)(v), 3(2)(va) and 3(1)(w) of the SC/ST (Prevention of Atrocities) Act, and Sections 3 and 4 of POCSO Act – Appellant convicted by Sessions ...
Criminal Law – Quashing of FIR – Premature Exercise of Inherent Powers – Section 482 CrPC – Forgery and Cheating – FIR alleged criminal conspiracy by respondents-accused to grab ancestral property and misappropriate bank deposits of the complainant's father by forging his signatures on nomination documents and sale deeds – High Court quashed the FIR holding ...
Criminal Law – Proclaimed Offender – Section 82(4) Cr.P.C – Applicability – Petitioner declared proclaimed offender for offences under Sections 463, 466, 467 IPC – Held: Said offences not covered under Section 82(4) Cr.P.C – Declaration as “proclaimed offender” illegal – At best could be declared proclaimed person under Section 82(1) Cr.P.C [Pa...
Criminal Law – Discharge – Re-allotment of Institutional Plot – Former Chief Minister ordered re-allotment of resumed plot to AJL at original rates plus interest – Decision ratified unanimously by Authority – No court declared re-allotment illegal – No material showing wrongful loss or pecuniary gain – Held: Essential ingredients of Sections 120-B, 420 IPC...
Criminal Law – Transfer of Investigation – Allegations of custodial assault against ED officers – FIR lodged by accused in money laundering case – Petitioners sought quashing of FIR or transfer of investigation to CBI – Court found that informant was accused in siphoning of ₹23 crores public funds and ED was investigating several high-profile cases involving senior ...
Negotiable Instruments Act – Dishonour of Cheque – Vicarious Liability of Directors – Complaints filed against Managing Director/Directors for dishonour of cheques issued by company – Company itself not made an accused in the complaint – Held: Prosecution under Sections 138 and 141 N.I. Act cannot be maintained against directors in absence of arraigning the company as...