Criminal Law – Abetment of Suicide – Section 306 IPC – Insufficient Evidence for Abetment – The appellants, senior officers of Hindustan Lever Ltd., were accused of harassing the deceased, Rajeev Jain, by coercing him into accepting a voluntary retirement scheme. The deceased allegedly committed suicide following a meeting where he was humiliated. The Supreme Court held tha...
Criminal Law – Quashing - Forgery and Cheating – Non-compliance with mandatory provisions – Section 156(3) of CrPC – Quashing of Proceedings - Petitioners challenged the criminal proceedings initiated under Sections 420, 465, 467, 468, 469, and 471 of the IPC, arguing non-compliance with Sections 154(1) and 154(3) of the CrPC during the filing of the complaint under Section...
Constitutional Law – Validity of Legislation – Khalsa University (Repeal) Act, 2017 – Challenge to the repeal of Khalsa University established under the 2016 Act – Appellant argued the repeal act was discriminatory, arbitrary, and violated Article 14 of the Constitution – Respondent State of Punjab justified repeal, citing protection of the heritage character of Khals...
Criminal Law - Quashing of FIR – Misappropriation of Funds – Section 482 CrPC – Petition Dismissed – Petitioners, office bearers of the Karnataka State Bar Council, sought quashing of an FIR registered under various sections of the IPC alleging misappropriation of funds in organizing a State Level Advocates' Conference – Held: The petitioners failed to provide uni...
Juvenile Justice Act – Section 23 – Allegation of Willful Neglect – Prosecution Quashed – The petitioners were accused of willfully neglecting their 3-year-old child by involving the child in a 59-day protest under the scorching sun, which led to the registration of an FIR under Section 23 of the Juvenile Justice Act, 2000 – The key issue was whether the parents' ...
Criminal Law – Quashing of FIR – Petitioner sought quashing of FIR lodged under Sections 341/323/427/506/34 of the IPC – The FIR was filed by the opposite party alleging mental and physical torture by the petitioners – Trial court had submitted charge sheet – On examination of case diary, it was found that a prima facie case was established against the petitioners &nd...
Criminal Law – Quashing of Proceedings – Offence under Section 370(A) IPC – The petitioner, accused as a customer in a brothel case, sought quashing of the proceedings against him under Sections 370(3) and 370(A) of the IPC and Sections 3 and 5 of the Immoral Traffic (Prevention) Act – The Court observed that for Section 370(A) to apply, the customer must have knowledge tha...
Criminal Procedure – Quashing of Complaint – Writ of Certiorari – Petition filed by the Petitioner, a practicing Advocate, seeking quashing of the order passed by the Metropolitan Magistrate, Kurla under Section 202 of Cr.P.C. – Magistrate directed Kurla Police to conduct an investigation and submit a report within four months – Petitioner contended that the order was...
Criminal Law – Quashing of Proceedings – High Court examined charges at pre-trial stage – Allegations of obtaining fake loans with the connivance of bank officials – High Court erred in quashing charges when allegations required proof in trial – Beneficiary status of respondents due to father's position as bank president prima facie indicates offenses under Sectio...
