Criminal Law – Quashing under Section 482 Cr.P.C. – Abuse of Process of Court – Petition filed seeking quashing of sanction order, FIR and charge-sheet arising out of mutation dispute relating to immovable property – Allegations against petitioner confined to passing an order staying mutation proceedings pending title suit – Held: Criminal prosecution based solely on ...
Criminal Law - Execution Proceedings – Alleged Impersonation of Surety – Offence Relating to Court Proceedings – In execution of money decree, part decretal amount disbursed on furnishing of solvent surety – Allegation that surety was furnished through impersonation and real person never stood as surety – Application filed under Section 379 BNSS seeking prosecution fo...
Criminal Law – Quashing - SC/ST (Prevention of Atrocities) Act, 1989 – Sections 3(1)(r) and 3(1)(s) – Essential ingredients – Quashing of proceedings – FIR alleged caste-related abuses by accused persons – No specific role or utterance attributed to the appellant – Mere presence at the spot insufficient – Held: In absence of intentional insult or abu...
Criminal Law – Quashing – Section 528 BNSS – Scope – Applicants sought quashing of charge-sheet and proceedings for offences under Section 69 BNS and Sections 3/4 POCSO Act on plea of consensual relationship and false implication – High Court held that at the stage of consideration under Section 528 BNSS, only prima facie satisfaction is required and disputed question...
Criminal Law – Section 482 CrPC – Quashing of Proceedings – Mechanical Cognizance on Protest Complaint – Magistrate took cognizance of offences under Sections 420, 468, 471 r/w 34 IPC on a protest complaint after police filed refer report finding allegations false – Order merely recorded “prima facie case made out” without reasons – No discussion of ...
Criminal Law – Quashing of FIR and Cognizance Order – Article 226 Constitution of India – Maintainability – Petitioner sought quashing of FIR, charge-sheet and cognizance order alleging dispute to be purely civil arising out of partnership agreements – During pendency of writ petition, investigation completed, charge-sheet filed and cognizance taken by Magistrate &nda...
Public Servant – Quasi-Judicial Functions – Criminal Prosecution – Protection under Judges (Protection) Act, 1985 – Executive Officer of Municipal Corporation passed an order staying mutation proceedings pending decision of civil title suit – Allegation of collusion and conspiracy in passing stay order – Held: Passing of stay order was in discharge of quasi-judi...
Criminal Law – Section 319 Cr.P.C. – Power to Array Additional Accused – Degree of Satisfaction – Power under Section 319 Cr.P.C. is extraordinary and cannot be exercised mechanically – Degree of satisfaction required is the same as that required for framing of charge – Mere existence of some evidence is insufficient unless such evidence is strong and cogent &nd...
Criminal Law – Quashing - Proclaimed Person – Section 82 Cr.P.C. – Mandatory Compliance – No person can be declared a proclaimed offender/person unless the procedure prescribed under Section 82 Cr.P.C. is strictly and meticulously followed – Provisions of Section 82 are mandatory in nature and any non-compliance vitiates the entire proclamation proceedings [Paras 5, 6...
Criminal Law – Quashing Of FIRs - Mines and Minerals – Illegal Mining – FIR by Police – Cognizable Offence – Scope of Section 21(6) MMDR Act – Section 21(6) expressly declares offences under Section 21(1) to be cognizable notwithstanding Cr.P.C. – Police are competent to register FIRs and conduct investigation for offences under MMDR Act – Section 22...