Criminal Law - Quashing of FIR - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Inherent powers of High Court - Petitioners sought quashing of FIR No. 0031/2025 registered at Police Station Panzalla under Sections 87 and 49 BNS - Petitioner No. 1 an adult woman alleged that her family forced her into a marriage with Danish Khan against her will - She claimed she escaped from Kashmir to De...
Criminal Law - Quashing of FIR - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Forgery and Conspiracy - Petitioners sought quashing of FIR registered for offences under BNS involving alleged forgery of signatures of shareholders on a Special Power of Attorney used in NCLT proceedings - Petitioners contended that the complaint was malafide and filed at a remote location to cause harassmen...
Criminal Law - Quashing of Proceedings - Code of Criminal Procedure 1973 - Section 482 - Maintainability through Power of Attorney - Applicant Rakesh Mehra sought quashing of FIR No. 0177 of 2022 for offences under Sections 420 506 and 120B IPC through his power of attorney holder Mr. Akhil Arora - Applicant was declared a proclaimed offender under Section 82 CrPC and a Look-out Circular was issue...
Criminal Law - Taking Cognizance - Code of Criminal Procedure 1973 - Sections 190 and 204 - Application of mind - Order taking cognizance for offences involving land record forgery - Tahsildar registered complaint alleging manipulation of pahanis and registers between 1972 and 2000 by a Second Division Assistant - Multiple private individuals and public servants subsequently arrayed as accused bas...
Criminal Law - Quashment of Charge Sheet - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Prevention of Corruption Act 1988 - Sections 13(1)(c) and 13(2) - Indian Penal Code 1860 - Sections 120-B 167 409 and 420 - Petitioner serving as Deputy Block Development Officer challenged criminal proceedings arraying him as A1 for allegedly facilitating wrongful disbursement of housing funds to in...
Criminal Law - Quashing of FIR - Code of Criminal Procedure 1973 - Section 482 - Advocate implicated in serious criminal offences including attempt to murder and conspiracy - Allegations in FIR divided into three parts including a threat issued at District Court premises at 10:00 AM - Applicant raised plea of alibi and requested collection of CCTV footage - High Court observed that CCTV footage co...
Criminal Law - Quashing of Proceedings - Indian Penal Code 1860 - Sections 406 and 420 - Real Estate Transaction - Complainant and Accused No 3 entered an unregistered agreement of sale with land owners Accused No 1 and Accused No 2 for two acres of land - Partial consideration of seventy lakh rupees was paid - Balance amount was due within two months and ten days as per contractual covenants - Co...
Criminal Law - Quashing of Proceedings - Code of Criminal Procedure 1973 - Sections 397 401 and 482 - Petitioner a pharmaceutical company in Indore supplied goods to opposite party distributor in West Bengal - Dispute arose over outstanding payments of approximately 47 lakhs - Petitioner initiated Section 138 NI Act proceedings in Indore - Opposite party filed counter-complaint in Calcutta allegin...
Criminal Law - Medical Negligence - Indian Penal Code 1860 - Section 338 – Quashing - Petitioner doctor faced prosecution for causing grievous hurt by a rash or negligent act during a Caesarean delivery - Complainant alleged the infant suffered a scalp injury due to mismanagement - Investigation resulted in a charge sheet filed before the completion of the Medical Council inquiry - West Beng...
Food Safety and Standards Act, 2006, Section 89 - Overriding effect - Overlap with Prevention of Food Adulteration Act, 1954 - The provisions of the Act of 2006 shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Held, Section 89 mandates that its provisions supersede the Act of 1954 in cases of overlapping jurisdiction. [Paras ...