Encroachment – Land Measurement Dispute – Plaintiff alleged defendants encroached land purchased in 1995 – Trial Court dismissed suit, noting defendants possessed land since 1969 and plaintiff acknowledged encroachment in sale deed – Appellate Court upheld dismissal – High Court ordered surveyor measurement, findings indicated defendants encroached 38 R (40888 sq. ft....
Criminal Law – Abetment of Suicide – Lack of Evidence – Allegations against appellant included refusal to marry the deceased leading to his suicide – FIR claimed appellant and her family abused deceased with casteist remarks and forced poison – No material evidence of relationship or abetment by appellant – Appellant had previously complained to police about dec...
Criminal Procedure Code, 1973 — Section 195A — Offence under Section 195A of Indian Penal Code, 1860 — Elements and procedure — A detailed analysis of Section 195A of the Code of Criminal Procedure, wherein the Court elucidates the nature of the offence involving threats to witnesses for the purpose of inducing false evidence and the procedure for complaint filing in such c...
Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Offences under Sections 283 and 427 of IPC - FIR registered against the petitioners for operating a car workshop in a residential area - Petitioners sought quashing of the FIR and all proceedings arising from it - Counsel for petitioners argued that the FIR was registered due to multiple litigations with the landlord and that the offe...
Criminal Procedure Code, 1973 – Sections 468 and 469 – Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 – Sections 6, 7A and 12 – Quashing of FIR, report under Section 173 Cr.P.C. and subsequent proceedings – Limitation for taking cognizance of offence – Maximum sentence prescribed under Section 12 – Knowle...
Section 482 - FIR under SC/ST Act - Quashing of - Test to determine – Held - while exercising its power to quash an FIR under Section 482, the High Court must determine whether the allegations made in the complaint, prima facie, constitute an offence, and whether the allegations are so improbable that a prudent man would not conclude that there is sufficient ground to proceed with the compla...
Criminal Procedure – Quashing of FIR – High Court issued oral directions to restrain arrest without written order – Supreme Court highlights that oral observations are not part of judicial record – Written orders are binding and enforceable – Administration of criminal justice involves public interest, not just a private matter between parties – Oral directions ...
Criminal Law – Quashing of Criminal Proceedings – Stage of Framing of Charge – Appellant challenged the High Court's decision to quash proceedings under Section 482 CrPC – Supreme Court held that the High Court should not evaluate the evidence on merits at this stage – Strong suspicion against the respondent based on the FIR and investigation, including recovery o...
Quashing of FIR – Inherent Powers of High Court – The Supreme Court held that the High Court erred in quashing the FIR under Section 482 CrPC without considering the investigation materials and statements collected. The High Court is not to delve into the merits of the case or conduct a trial while exercising its inherent powers. [Paras 9.1-9.3] Serious Triable Allegations – T...
Insecticides Act – Misbranding – Quashing of Complaint – The appellants challenged the criminal complaint on the grounds that the complaint was barred by limitation, that there were procedural delays in sample testing, and that the Magistrate did not follow the prescribed procedure under Section 202 CrPC. The Supreme Court held that the complaint was indeed barred by limitation a...
