Criminal Law – Quashing of Complaint – Section 202 of Cr.PC – The Supreme Court considered whether the summoning order in a criminal complaint could be upheld when the accused resided outside the territorial jurisdiction of the Magistrate without adherence to Section 202 of the Cr.PC. The Court delved into the procedural aspects of issuing a summoning order and the mandatory requ...
Criminal Appeal – Quashing of FIR and Proceedings – Dismissal of Criminal Revision Petition by High Court Challenged – Appellants seeking discharge from FIR No. 141/2010 under Sections 420, 468, 471 read with Section 34 IPC – Allegations of forging signatures on minor child’s passport application – FIR and proceedings against Appellants quashed. [Para 2, 39]
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Quashing of FIR – Insufficient Evidence Claims – High Court’s Decision Reversed – The High Court had quashed an FIR implicating Respondent No.1 for lack of direct evidence of bribery and monetary demand – The Supreme Court found this approach legally unsustainable, noting the premature dismissal of credible investigatory evidence including a pendrive indicating involv...
Regular Bail - Prolonged Custody - Right to Speedy Trial - Circumstantial Evidence - Medical Reports - Fairness in Trial - Article 21 of the Constitution - Petitioner, a mother of a minor child, seeks regular bail in a murder case where she is accused of killing her husband due to an alleged illicit relationship. The prosecution's case relies on circumstantial evidence, with key witnesses not ...
Criminal Procedure Code, 1973 – Section 482 – Quashing of Criminal Proceedings – The Allahabad High Court exercised its inherent powers under Section 482 of the Criminal Procedure Code, 1973 to quash the criminal proceedings in four interconnected cases. The cases involved allegations of kidnapping and abduction for marriage, with applicants seeking to quash the charges and subse...
Quashing of Proceedings – Marriage and Dowry Disputes - Complaint under IPC and Dowry Prohibition Act alleging harassment for dowry by the appellant's in-laws and husband - FIR registered following non-response to police notices, leading to issuance of non-bailable warrants - High Court quashed proceedings citing procedural irregularities, lack of specific allegations, and jurisdic...
Prima facie material required to connect accused with alleged crime - Abuse of process of law - Right to personal liberty - Constitution of India, Article 21. [Para 18]
2. Registration of case under Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004 - Preliminary satisfaction report not submitted - Prima facie material required - Abuse of process of co...
Quashing of Summoning Order - Non-Executive Independent Directors - The petitioners, being Non-Executive Independent Directors of HDIL, challenged the summoning orders issued against them in relation to dishonoured cheques. The court observed the necessity of proving the day-to-day involvement of these directors in the company's affairs for holding them liable under Section 138 of the NI Act. ...
Criminal Law – Quashing - Preventive Detention – Challenge to Detention Order – validity of a detention order issued under the Maharashtra Prevention of Dangerous Activities Act (MPDA Act) against the petitioner, Nilesh Sunil Pendulkar. The order was challenged on several grounds, including delay in issuance, non-consideration of bail orders, and violation of constitutional right...
Criminal Procedure Code – Quashing of FIR – Petition under Section 482 CrPC – Kalandra under Section 182 IPC against petitioners (complainant and shadow witness in a bribery case) – Allegation of giving false information and resiling from initial statement – Competent authority denied sanction for prosecution – Kalandra and consequent proceedings quashed. [Paras...