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 Law – Quashing – Loan Dispute - Criminal Proceedings – Civil Dispute – Proceedings Quashed – The petitioners challenged the issuance of process in a loan-related dispute where non-payment was alleged as cheating and criminal breach of trust – The Court observed that mere failure to repay a loan does not constitute a criminal offence unless fraudulent in...
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, ...
Criminal Law – Quashing of FIR – Second FIR for the Same Incident – The petitioner contended that two FIRs were lodged for the same incident dated 29.04.2017, the first being C.R. No. I-25/2017, and the second being the impugned FIR No. II-3002/2018 – Held: As per settled legal principles, there cannot be a second FIR for the same incident unless it is a counter-complaint &...
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 ...
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...
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 - 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...