Quashing of FIR – Deliberate and malicious acts intended to outrage religious feelings – Section 299 BNS – FIR Not Quashed – The petitioner, a political spokesperson, was accused of tearing pages of the holy book "Manusmriti" during a live television debate – The petitioner contended that the act was neither intentional nor malicious and relied on precedent ...
Criminal Law – Quashing - Second Complaint After Acceptance of Final Report – Not Maintainable in Absence of Special Circumstances – Summoning Order Set Aside - The first FIR filed by the complainant in 2005 led to a final report being accepted in 2012 – A fresh complaint was filed in 2017 on identical facts, leading to the summoning of the accused under Section 406 IPC &nd...
Criminal Law - POCSO Act – Disclosure of Minor Victim’s Identity – Media Responsibility – The petitioner, an editor of a news channel, was accused of revealing the identity of a minor victim and her family in a sexual offence case—Held: Publication of victim’s identity violates Section 23 of the POCSO Act—Media houses have an obligation to protec...
Criminal Law – Quashing of Final Report – Petition under Section 482 Cr.P.C. – Petitioner accused of offences under Section 15(1) of POCSO Act and Section 67B of IT Act – Allegations of sharing and transmitting pornographic material involving a child – No material evidence to show petitioner shared or transmitted such material – Mere possession or storing withou...
Criminal Law - Quashing of FIR – Section 505(2) IPC – No Prima Facie Case – Allegation of false news report against the petitioner, a media network editor, for airing misleading information – The petitioner neither hosted nor participated in the broadcast – Held: No ingredient of Section 505(2) IPC met – FIR quashed [Paras 8-12].
Freedom of Press – Medi...
Quashing of Cross-Case – Delay of 12 Years – Re-Investigation Held Unjustified – The petitioner sought quashing of a cross-case (DDR) filed in 2012, arguing that he was declared innocent in the original investigation and no fresh material warranted reopening the matter – The Trial Court had ordered re-investigation without assigning any cogent reasons – Held: Re-inves...
Criminal Law – Quashing of FIR - Prohibition Law – Validity of FIR Based on Breath Analyzer Test – FIR Quashed – The petitioner was booked under Section 37 of the Bihar Prohibition and Excise Act, 2016, based solely on a breath analyzer test showing 41 mg/100 ml blood alcohol concentration – No confirmatory blood or urine test was conducted – The Court relied on...
Quashing of FIR – Section 17-A of Prevention of Corruption Act – Procedural Safeguard – Accused as Municipal Commissioner challenged FIR alleging malafides and non-application of mind during approval under Section 17-A – Held: Approval under Section 17-A must be substantive, not ritualistic, requiring application of mind to the materials presented – Court found lack o...
Criminal Proceedings – Abuse of Process – Delay in Complaint – Section 498A IPC – FIR Quashed – The wife alleged cruelty and harassment but filed the complaint three and a half years after the alleged incidents – No explanation was provided for the delay – Multiple legal proceedings were initiated by the wife after failed settlement talks – Held: FIR...
Criminal Law – Quashing - Abetment of Suicide – Essential Ingredients – Mens Rea Required – Section 306 IPC – Proceedings Quashed – The applicants were accused of abetting the suicide of their elder brother due to their alleged refusal to repay a loan taken by the deceased – The FIR was lodged by the deceased’s brother-in-law after a delay of several...