Criminal Original Petition – Quashing of Proceedings – Petition under Section 482 of Cr.P.C. to quash proceedings in C.C.No.81 of 2019 at the Judicial Magistrate, Bodinayakanur – Petitioner/sole accused seeking to quash the criminal case against him on grounds of being baseless and filed with malafide intent. [Para 1, 3]
Property Dispute and Criminal Allegations – Disput...
Preventive Detention – Standard for Public Order – Detention order under Section 3(2) of the Telangana Prevention of Dangerous Activities Act, 1986 challenged – Supreme Court held that a mere apprehension of a breach of law and order is insufficient to meet the standard of adversely affecting the "maintenance of public order" – Detention order based on stale mater...
Quashing of FIR – Petition filed for quashing FIR No. 129/2021 registered under Section 363 of IPC – Cognizance taken under Sections 366, 376, 376(2)(n), Section 5(1)(j)(ii), and Section 6 of The POCSO Act – Petitioner and victim married and have a child – Victim’s statement recorded under Section 164 of Cr.P.C. stating marriage and consensual physical relationship &n...
Criminal Law - Quashing FIR - Challenging FIR and Proceedings – Petitioners, school authorities of Vivekanand School, challenged FIR and subsequent criminal proceedings related to the suicide of a student post admonishment for misconduct. [Paras 1-2, 4-5]
School Discipline and Social Control – Discussion on social control methods in schools; citing sociological theories an...
Criminal Law – Cognizability of Offence under Copyright Act – High Court held offence under Section 63 of the Copyright Act as non-cognizable, thus quashing criminal proceedings. Supreme Court overturns this, asserting the offence is cognizable and non-bailable. The punishment extends up to three years; thus, it falls under cognizable offences per Part II of the First Schedule of Cr.P....
Further Investigation - Quashing of supplementary charge-sheet and summoning order - Scope of further investigation by Investigating Officer - Liability of witness of an agreement to sell - Whether further investigation can be conducted without prior permission of Magistrate - Whether witness of an agreement to sell can be held criminally liable - Held, further investigation by the Investigating O...
Criminal Law – Quashing of Complaint – Pre-trial Stage – Appellant sought quashing of the summoning order under Section 482 CrPC on the grounds that the cheques were issued as security and not for a legally enforceable debt – Supreme Court held that quashing of complaints at a pre-trial stage should be approached with caution – Legal presumption under Section 139 of t...
Criminal Law - Quashing of FIR and Charge-sheet – Criminal Appeal against High Court order rejecting petition to quash FIR for criminal trespass, property damage, and threats – FIR filed for offenses under Sections 447, 427, 294, 506 read with Section 34 IPC – Allegations involve trespass and demolition of property – Appellant contends the FIR is false, with significant del...
Quashing of FIR – Section 306 IPC – Abetment of Suicide - Application under Article 226 and Section 482 CrPC for quashing FIR alleging abetment of suicide – FIR lodged by deceased's wife against applicant for harassment and pressurizing deceased, leading to his suicide – Allegations in FIR constituting cognizable offence under Section 306 IPC. [Paras 1, 2, 12]
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Criminal Law - Quashing of FIR and Charge-sheet - Criminal Appeal against High Court's order dismissing petition to quash FIR - FIR and charge-sheet for offences under Sections 420 read with Section 120B, Section 294(b), Section 506(ii) read with Section 114 IPC, alleging fraud in real estate transactions - Supreme Court holds allegations do not disclose necessary ingredients of the offences -...