Criminal Revision – Quashing of Proceedings – Narcotics Case – Petitioner seeks quashing of proceedings and orders – Allegations of involvement in storing and transporting contraband – Statements of co-accused implicating the petitioner – Initial discharge application rejected – Further investigation ordered – Prima facie case established against the...
Section 482 of Cr.P.C. – Quashing of FIR – Offense punishable under Section 304-A IPC – Allegations of negligence in arranging medical team during sports event leading to the death of the deceased – Direct or proximate cause of death – Absence of direct causal link – Petition allowed, FIR and subsequent criminal proceedings quashed against the petitioners. (Para...
Criminal Procedure – Quashing of FIR – FIR No.264/2017 under Sections 326-B/506 IPC challenged – Allegations of acid attack by petitioner on respondent no.2 – Inherent improbability of allegations and lack of injury evidence led to questioning the authenticity of the FIR – Mala fide initiation of proceedings due to property dispute evident – FIR quashed. [Para 1...
Criminal Revision Petition – Charges framed under Sections 420/467/468/471 IPC – Petitioner challenges the impugned order of the Revisional Court – High Court examines the legality of the charges and the deletion thereof – Whether the charges of forgery can be imposed on a person who is not the maker of the forged document – High Court upholds the impugned order. [Par...
Bigamy and Cheating Allegations – Proceedings against Petitioners for participation in second marriage ceremony of accused – Section 494 IPC applicable only to individuals who marry during the subsistence of their first marriage – Participation in ceremony alone does not attract Section 494 IPC liability [Paras 2-5, 7-10].
Application of Section 494 IPC – Pertains solely...
Criminal Procedure Code, 1973; Section 482 – High Court’s power under Article 226 and Section 482 Cr.P.C. – Scope and Jurisdiction – High Court to consider broad probabilities, total effect of material on record, and any basic infirmities in the case for quashing order framing charges – Strong suspicion based on material sufficient to maintain charge but must be found...
Writ Petition – Quashing of Enforcement Case Information Report (ECIR) and Related Proceedings – Petitioner's plea for quashing of proceedings initiated through ECIR/09/HIU/2019 following compounding and quashing of predicate FIRs – Partly allowed, with continuation of ECIR based on a subsequent FIR. [Paras 1-3, 36-37]
Predicate Offences – Compounding and Q...
Criminal Quash Petition – Offences under Sections 132 and 135(1)(a) and (b) of The Customs Act, 1962 – Petitioner challenges Criminal Complaint and summoning order – Allegation of smuggling arms and ammunitions – Petitioner’s License used by father for import – Petitioner’s statement under Section 108 of the Act – Petitioner studying law and a nation...
Quashing of FIR – Section 482 of Cr.P.C. – Serious Allegations of Extortion and Assault: The High Court declined to quash FIR No. 384/2021 - involving offences under Sections 323/341/384/506/34 IPC - in a case where the accused allegedly assaulted and extorted the complainant. Despite a compromise between parties, the Court found the allegations too serious - emphasizing the societal i...
Conspiracy and Forgery in Revival of Defunct Societies – Allegations against petitioners for fraudulent revival of Arvind Cooperative Group Housing Society, forgery of documents, and cheating Government of NCT Delhi and DDA for land allotment – Petitioners allegedly involved in conspiracy with government officials and other co-accused. [Paras 2.1-2.12]
Role of Petitioners and Bank T...