Criminal Law – Abetment to Suicide – Petition for quashing FIR for abetment to suicide under Section 306 IPC. Petitioner accused of harassing and blackmailing the deceased, leading to his suicide. Suicide note recovered implicating the petitioner. Held, mere demand for repayment of a loan does not amount to abetment, but combined with harassment, blackmail, and threats, it can compel a...
Criminal Law – Quashing of Proceedings under Sections 143, 147, 148, 149, 341, 324, 294(b), 506(ii), 323, and 447 IPC – Validity of Cognizance Without Considering Refer Report – Kerala High Court Directions for Reconsideration – The High Court quashed the cognizance orders of the Judicial First-Class Magistrate Court in cases arising from protest complaints after the police...
Criminal Law – Quashing of Summoning Order – Distinction between Civil and Criminal Proceedings – Held – Summoning order under Section 406 IPC by the Magistrate was quashed by the Supreme Court – No prima facie case of criminal breach of trust established against the appellants – Supreme Court emphasized that mere non-payment of dues arising from a commercial tr...
Criminal Law – Summoning and Cognizance Orders – Quashing of summoning and cognizance orders along with consequential orders due to lack of application of judicial mind and procedural irregularities – No evidence indicating the applicants intended to cause death or had knowledge their actions would result in death – Demolition leading to accidental death does not meet crite...
Criminal Law – Quashing of FIR – Petition under Section 482 Cr.P.C. –
Allegations of dowry harassment and domestic violence – FIR against entire family of husband including those living separately – Specific allegations only against husband and parents – General, vague, and bald allegations against others – No prima facie case against distant relatives...
Civil Procedure – Rejection of Plaint – Jurisdiction of Civil Court – Appellants sought permanent prohibitory injunction against interference with possession of suit land declared as evacuee property – Trial court rejected plaint citing lack of jurisdiction under J&K State Evacuees’ (Administration of Property) Act, Svt. 2006 – Rejection upheld by First Appe...
Negotiable Instruments – Section 138 – Quashing of Complaints – Grounds for Quashing – Petitioner contended that the complaints should be quashed due to the absence of partnership deed and authorization, and lack of requisite license under the Money Lenders and Accredited Loan Providers Act – High Court held that authorization and partnership deed issues should be exa...
Criminal Procedure – Registration of FIR – Complaint Handling Post Cognizance – Petitioner challenged the order directing registration of FIR under Section 156(3) Cr.P.C. after the Magistrate recorded the complainant’s statement under Section 200 Cr.P.C. – Held that once cognizance was taken by recording the statement, the Magistrate could not issue directions for FIR...
Criminal Law – Quashing of Proceedings – Petitioner Biplab Jana @ Rohit sought quashing of proceedings in Marishda Police Station Case No. 148 of 2015, charged under Sections 306/34 IPC for abetment of suicide – Allegations included continuous harassment and attempted molestation leading to the victim’s suicide – The petitioner claimed he was falsely implicated due to...
Quashing of FIR – Section 482 CrPC – Petitioner sought quashing of FIR alleging cheating, criminal breach of trust, and caste-based abuse – Allegations involved inducement to pay large sums to bribe judges – Court held FIR cannot be quashed as investigation is at a preliminary stage – Specific allegations of serious nature requiring investigation – Petitioner gr...