Criminal Law – Quashing of Proceedings – Petition for quashing criminal proceedings arising out of contractual disputes concerning commission payments in marketing agreements – Allegations of cheating and criminal breach of trust under Sections 406, 418, and 420 IPC – Held that disputes were essentially of a civil nature and did not constitute criminal offenses – All ...
Quashing of FIR and Charge-Sheet – Criminal Revisional application against charges of unauthorized construction under Section 401A of the Kolkata Municipal Corporation Act, 1980 – Petitioners, serving as professional directors not involved in day-to-day operations or construction activities of the company, challenged their wrongful implication in the case due to their positions –...
Criminal Procedure - Petition to quash proceedings under Sections 3 to 5 of the Immoral Traffic (Prevention) Act and Section 370(A)(2) of IPC - Petitioner, accused as a customer in a brothel raid, seeks relief citing non-applicability of charges - Analysis hinges on distinctions between customers and traffickers/exploiters in law - Court distinguishes roles based on previous judgments and specific...
Quashing - Family Dispute and Criminal Proceedings – The petitioner, a professional doctor, faces charges under Section 498A IPC, based on allegations by his wife of mental torture and threats – Court observes the allegations are general and do not specifically contribute to the ingredients of cruelty as defined under the law – Proceedings perceived as part of a longer matrimonia...
Criminal Procedure – Quashing of FIR – Petition under Section 482 Cr.P.C. to quash FIR for cheating and conspiracy lodged based on allegations of fraudulent misrepresentation by organizers of an education centre regarding the recognition of an educational course – Supreme Court guidelines on quashing FIRs discussed, specifically in the context of misrepresentations about universi...
Criminal Law – Quashing of Second FIR – Criminal Miscellaneous Application – Quashing of the orders dated 05.03.2016 passed by the learned 5th Additional Sessions Judge, Saran at Chhapra, and the order dated 21.01.2015 passed by the learned Chief Judicial Magistrate, Saran at Chhapra, directing the lodging of a second FIR in connection with Chhapra Town P.S. Case No. 52 of 2013 &...
Detention Order and Background – Petitioner, previously involved in three cases under the NDPS Act and various IPC matters, challenges the legality of his detention order – background includes previous acquittal and ongoing trials where the petitioner is either bailed or acquitted [Paras 3-7].
Authority’s Justification – Detaining authority’s order emphasized ongoi...
Criminal Law - Quashing of Charge Sheet - Revisional application under Sections 401 and 482 CrPC - Allegation of inducing cohabitation under false promise of marriage - Petitioner accused of deceiving married woman into sexual relations by promising marriage upon securing employment - Charge sheet filed for offenses under Sections 417 and 376 IPC - High Court reviewed submissions, evidence, and pr...
Quashing of Proceedings – Marriage and Dowry Disputes - Complaint under IPC and Dowry Prohibition Act alleging harassment for dowry by the appellant's in-laws and husband - FIR registered following non-response to police notices, leading to issuance of non-bailable warrants - High Court quashed proceedings citing procedural irregularities, lack of specific allegations, and jurisdic...
Quashing of Proceedings – Revision applications against continuation of criminal proceedings under Sections 418/420/406/120B IPC – Allegations of cheating, criminal breach of trust, and conspiracy in business contracts with M/s. Tata Metalliks – Complaint originated from contractual disputes over commission payments in government tender procurements – Held that disputes are...