Environmental Law – Air (Prevention and Control of Pollution) Act – Vicarious Liability of Directors – Summoning Order – Quashing Refused – Applicants/Directors of M/s Simplex Infrastructures Limited were impleaded in complaint filed by U.P. Pollution Control Board for operating construction activities at Panki Thermal Power Plant without obtaining consent under the A...
Criminal Law – Quashing under Section 482 Cr.P.C. – Scope – Appreciation of Evidence Not Permissible – Petitioner (builder/developer) entered into construction agreements for two flats with the complainant in 2006 and received total payments of Rs. 12,90,000/- but failed to hand over the flats — FIR registered under Sections 406 and 420 IPC — charge sheet filed ...
Criminal Law – Anti-Corruption – Charge Framing – Revenue Record Tampering – Further Investigation – Petitioner was posted as Naib Tehsildar, General Record Room, Jammu from 2009 to 2012 – FIR alleged that the petitioner connived with co-accused Patwari Riaz Ahmed to insert a fictitious khasra number in original revenue records to confer undue benefit upon co-ac...
Negotiable Instruments Act – Section 138 – Issuance of Process – Pre-Trial Stage – Legally Enforceable Debt – Statutory Presumption under Section 139 – Appellant's husband, through a mediator (second respondent), issued a cheque of ₹50 crores as security in an escrow arrangement under a settlement agreement – Cheque was dishonoured with remark "...
Criminal Law — Medical Negligence — Quashing of Proceedings — Section 482 CrPC — Paediatric Surgeon — Orchidectomy on Minor Child — Consent — Appellant surgeon performed left Orchidectomy on a one-and-a-half-year-old child with undescended testis during a surgical procedure at SRMC Hospital on 24.08.2005 — Complainant-father alleged that consent was ...
Criminal Law — Quashing of Chargesheet — Section 482 CrPC — CCTV Footage — Parity among Co-accused — Appellants, residents of the same apartment complex as the complainant, arraigned in chargesheet under Sections 143, 341, 323, 324, 354, 504, 506, 509 and 427 IPC arising from a neighbourly altercation on 11.10.2022 — High Court quashed proceedings against two co...
Rape – Consensual Relationship – Section 375 IPC – FIR Quashed – Petitioner, a skating coach, allegedly developed physical relations with the prosecutrix, wife of the complainant, over a prolonged period – FIR lodged by the husband on the ground that the petitioner had forcibly committed rape and blackmailed the prosecutrix – Prosecutrix, a qualified dentist age...
Prevention of Corruption Act – Quashing of Proceedings – Sub-Inspector of Police – Demand of Illegal Gratification – Absence of Material Evidence – Petitioner-accused No.3, working as Sub-Inspector of Police at Kamareddy Police Station, was arrayed in Crime No.05/RCO/ACB-NZB/2020 for offences under Sections 7(a)(c) and 12 of the Prevention of Corruption Act and Sectio...
Criminal Law – POCSO and BNS Offences – Quashing of FIR – Post-Settlement Marriage – Petition Allowed – FIR was lodged at the instance of the parents of the prosecutrix at Police Station Dhamnod, District Dhar, under BNS and POCSO Act – Prosecutrix had been a consenting party and was forced to depose against the petitioner by her parents – Subsequent to re...
Criminal Law - Negotiable Instruments Act, 1881 - Sections 138 and 141 - Vicarious Liability of Directors - Quashing of Summoning Orders - Petitioner sought quashing of summoning orders and criminal proceedings arising from dishonoured cheques issued by the company - Petitioner contended that he was an Independent Director (Non-Executive), not a signatory to the cheques, and not involved in the da...