Service Law – Appointment in Police Force – Acquittal in Criminal Case – Eligibility for Appointment – The petitioner challenged the rejection of his appointment to the Delhi Police due to past involvement in a criminal case from which he was acquitted – He was provisionally selected for the post of Sub-Inspector but his candidature was cancelled by the Screening Comm...
Criminal Procedure – Notice under Section 41(1)(a) Cr.P.C. – Petitioner received a notice via WhatsApp from the police without any crime number or specific allegations – Petitioner sought reasons for the notice, but was not informed – A second notice was issued with the crime number but without proper procedural compliance – High Court emphasized that notice must incl...
Criminal Law – Departmental Proceedings vs. Criminal Trial – Petitioner, a constable, dismissed for bigamy following a departmental enquiry – Acquittal in criminal trial on same facts not affecting dismissal – Court upheld dismissal based on departmental rules and personal conduct standards [Paras 7-13]. Departmental Enquiry – Standards of Proof – D...
Criminal Law – Sections 420, 467, 468, and 471 IPC – Requirement of Intentional Deception – Quashment of Proceedings – The appellant challenged criminal proceedings initiated on allegations of fraud and forgery under Sections 420, 467, 468, and 471 IPC, arguing that issues in the sale deed registration related to undervaluation should have been addressed under Section 47-A ...
Criminal Law – Quashing of FIR – FIR for offences under Sections 376, 377, 323, 509, 34, 380 IPC – Petitioners seek quashing based on settlement agreement – Court observes FIR contains serious allegations of sexual violence, misrepresentation, and threats – Compromise involving monetary settlement not sufficient ground for quashing in serious criminal cases – Pe...
Quashing of Proceedings – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(u) – Petitioners sought quashing of Special Case No. 101 of 2022 arising out of a property dispute, alleging false implication under the SC/ST Act – Court examined the nature of allegations, ongoing civil disputes, and material on record – Found the comp...
Criminal Law – Quashing of FIR – Allegations under multiple sections of IPC and Dowry Prohibition Act – Petitioners accused Nos. 4 and 9 (paramour and her mother) – Alleged involvement in marital discord between accused No.1 and complainant – Examination of complaint reveals no substantial reference or foundation for offences against petitioners – Lack of eviden...
Criminal Procedure – Application under Section 482 Cr.P.C. – Petitioners sought quashing of the charge-sheet, cognizance order, and ongoing proceedings – Allegation of dismantling boundary marks and issuing threats – Contention that the dispute was civil in nature and the criminal proceedings were initiated as a form of harassment – Impugned cognizance order issued on...
Land Acquisition – Religious Structure – Quashing of Notifications – The petitioner in CWP-14168-1999 sought to quash notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894, claiming that a religious structure, Gurudwara Sanjha Sahib, was constructed before the acquisition – Held: The acquisition was valid, as the land vested in the Union Territory af...
Criminal Law – Quashing of Second FIR – Principle of Single FIR – Petitioners challenged the legitimacy of the second FIR on the grounds of it being based on the same set of allegations as the first FIR – The court held that a second FIR is not maintainable if it pertains to the same offence and set of facts as the first FIR – Applied the principles established in TT ...
