Criminal Procedure – Inherent Powers of High Court – Quashing of FIR – Petition under Section 482 Cr.P.C. seeking quashing of FIR registered for offences under Sections 406 and 409 IPC – Allegations relating to misappropriation and non-return of official hospital admission records – Held: FIR discloses prima facie commission of cognizable offence – No ground mad...
Companies Act – Financial Statements – Non-disclosure of Specified Bank Notes – Criminal Prosecution – Quashing – Complaint under Sections 129/448 Companies Act filed against Director alone without impleading company – Held: Company is principal offender – Proceedings against director alone not maintainable [Paras 48–56].
Criminal Law &n...
Criminal Law – Criminal Intimidation – Section 506 IPC – Essential Ingredients – Intention to Cause Alarm – Mere use of threatening words without intention to cause alarm does not constitute offence of criminal intimidation – Prosecution must prima facie establish intention to cause alarm irrespective of actual alarm caused – Vague and general allegations ...
Criminal Proceedings – Quashing under Section 482 Cr.P.C – Allegation of Voyeurism – Section 354C IPC – Ingredients of Offence Not Made Out – Private complaint alleging taking of photograph of complainant while laying clothes for drying – Sworn statement did not disclose that complainant was engaged in a “private act” or that her privacy was violated...
Criminal Law – Section 482 Cr.P.C. – Quashing of Summoning Order – Defamation by Media Telecast – Applicants, Editor, Reporter and Anchor of News18 Punjab, sought quashing of summoning order in complaint alleging defamatory news telecast against an IPS officer – Allegation that applicants projected complainant as receiving illegal money from criminals – Magistra...
Income Tax – Criminal Prosecution – Quashing under Section 482 Cr.P.C. – Wilful Tax Evasion – Search and seizure conducted under Section 132 I.T. Act revealed substantial concealment of income – Petitioner filed revised returns under Section 153A declaring higher income – Complaints filed for offences under Sections 276C(1) and 277 I.T. Act after obtaining statu...
Prevention of Corruption Act, 1988 – Sanction for Prosecution – Validity – Application of Mind – Sanction granted under Sections 19(1)(b) & (c) PC Act to prosecute public servant for alleged disproportionate assets challenged – Held: Sanction is not an idle formality and must disclose due application of mind to all relevant material – Mechanical sanction ign...
Negotiable Instruments Act, 1881 – Section 138 & Section 141 – Quashing of Summoning Order – Parallel Remedies – Forum Shopping – Petitioners challenged summoning orders by invoking inherent jurisdiction of High Court while having already filed criminal revision before Sessions Court – Suppression of pendency of revision held to lack bona fides – Law r...
Drugs and Cosmetics Act, 1940 – Criminal Prosecution – Cognizance and Summoning Order – Scope of Interference in Revision – Revisionists challenged the summoning order contending lack of application of mind, absence of valid sanction, procedural irregularities in sampling, and non-compliance with Rule 46 of Drugs Rules – Held: At the stage of cognizance and summoning,...
NDPS Act – Quashing of Proceedings – Section 482 Cr.P.C. – Accused implicated only on basis of voluntary/confessional statements recorded under Section 67 NDPS Act – No independent corroborative material linking petitioner to offence – Continuation of prosecution held to be abuse of process of law [Paras 8, 11].
Section 67 NDPS Act – Evidentiary Value –...