Criminal Law – Quashing of Criminal Proceedings – Fraudulent Loan Disbursement – Complaint case based on FIR alleging misappropriation of ₹8 lakhs through fraudulent withdrawal by bank officials, including Branch Manager, Loan Manager, Deputy Manager, Head Cashier and Peon – Applicants sought quashing of proceedings under Section 482 CrPC, claiming lack of direct role and...
Criminal Law – Cheating and Criminal Breach of Trust – Distinct Transactions – Simultaneous Invocation of Sections 406 and 420 IPC Not Mutually Destructive – Petitioner challenged FIR and charge sheet alleging both cheating and criminal breach of trust – Contended that offences under Sections 406 and 420 IPC are mutually destructive when based on a single act – ...
Criminal Law – Land Dispute – Quashing of FIR – Petitioners accused of creating false documents and threatening complainant regarding land in Survey No. 956 – Petitioners relied on registered sale deeds from 2015 and asserted possession – Civil suits concerning title and possession already pending between parties – Held: Continuation of criminal proceedings in a...
Criminal Law – Cheating & Breach of Trust – Settlement through MOU – Complainant alleged misuse of signatures and cheating of ₹4 crores – FIR 355/2008 registered – During investigation, parties entered into MOU (14.06.2008) where petitioners paid ₹5 crores in full and final settlement, both agreed to withdraw civil/criminal cases – Once complainant accep...
Criminal Law – Framing of Charge – Prima Facie Case – Land Fraud Allegation – Petitioners accused of securing illegal allotment of plot by suppressing material facts regarding existing allotment in husband’s name – Trial court refused discharge holding prima facie evidence existed – Held: At framing of charge, court need only examine whether allegations ta...
Criminal Law – Corporal Punishment by Teacher – Quashing of Proceedings – No Mens Rea – Bona Fide Act to Enforce Discipline – Proceedings Quashed – Accused, a school teacher, allegedly caned students involved in a fight in the classroom – Victim, a minor, stated that teacher beat only those involved, and only on their legs – No medical treatment take...
Criminal Law - UAPA – Grounds of Arrest – Mandatory Written Communication – Appellants arrested under UAPA without being furnished written grounds of arrest at the time of apprehension – State argued that grounds were explained by remand court and later supplied to counsel – Held: Explanation by court or post-facto supply to counsel does not satisfy requirement under ...
Criminal Law – Rape – Quashing on Settlement – Gang Rape and Abduction – Petitioners accused of abducting and repeatedly raping the de facto complainant under threat and confinement – Despite affidavit of compromise by victim, High Court refused to quash proceedings – Held: Offences of rape, especially gang rape, are crimes against society, not merely private wr...
Criminal Law – Quashing of Proceedings of NDPS – Section 482 CrPC – Accused Named Only in Co-accused Statement – No Recovery – Delay of 14 Years – Proceedings Quashed – Petitioner implicated in Jalangi P.S. Case No.308/2010 based solely on confession of co-accused; no recovery made from him, no evidence collected despite warrant issued in 2010 – Poli...
Criminal Law – Cognizance – Quashing of Summoning Order – Dispute Related to Temple Management – Complaint alleged encroachment, criminal intimidation, and physical assault by petitioner due to a temple management dispute – Petitioner’s father had been appointed trustee of Kali Mandir by Bihar State Board of Religious Trusts – Prior civil litigation in fav...