Mere Fact That FIR Was Lodged As A Counterblast Not Ground To Quash It U/S 482 CrPC: Andhra Pradesh High Court
2 years, 10 months ago

Mere Fact That FIR Was Lodged As A Counterblast Not Ground To Quash It U/S 482 CrPC: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently ruled that the mere fact that FIR was lodged against the accused as a counter blast by itself cannot be a ground to quash the FIR under Section 482 of CrPC. Whether the allegations are false or not and whether the report was lodged as a counter blast to the report lodged by the de facto complainant or not is the matter to be ascertained by the Investigating Officer during the course of investigation. Thereafter, the de facto complainant as a counterblast lodged the present report against petitioners with a delay of 30 days with false allegations. "Whether the allegations are false or not and whether the report was lodged as a counter blast to the report lodged by the de facto complainant or not is the matter to be ascertained by the Investigating Officer during the course of investigation," it said.

Court Allegations Report Fir Complainant Ground Fact Petitioners Crpc Section 482 Quash Lodged Facto  criminal  petitioners  ground  matter  mere  crpc  lodged  court  facto  high  report  allegations  pradesh  quash  complainant  fact  fir

History of this topic

Andhra Pradesh HC Grants Relief to Allu Arjun
1 month ago

Andhra Pradesh HC Grants Relief to Allu Arjun

Deccan Chronicle  

It was contended that the FIR originated from a complaint by the deputy tahsildar of Nandyal, claiming that the visit of a Tollywood star to the MLA’s residence resulted in a large gathering, thereby breaching Section 144 of the CrPC and election code regulations. The Counsel for the petitioner would point out that the police had failed to apply due …

Supreme Court Issues Notice On Senior Advocate's Plea To Quash FIR Alleging That He Took Rs. 7 Crore From Client To Influence Judges
1 month ago

Supreme Court Issues Notice On Senior Advocate's Plea To Quash FIR Alleging That He Took Rs. 7 Crore From Client To Influence Judges

Live Law  

The Supreme Court on Monday issued notice in an SLP filed by senior advocate Vedula Venkataramana seeking to quash an FIR registered against him for allegedly taking Rs. Venkataramana filed a petition before the Telangana High Court under Section 482 of the CrPC seeking to quash the FIR on the grounds that it was based on vague and baseless allegations. …

Seriously Disputed Facts, Like A Maze: Karnataka HC Refuses To Quash Cheating Case Against Two Booked For Defrauding Amazon Of Rs 70 Lakh
1 month ago

Seriously Disputed Facts, Like A Maze: Karnataka HC Refuses To Quash Cheating Case Against Two Booked For Defrauding Amazon Of Rs 70 Lakh

Live Law  

Dismissing a plea filed by two persons seeking quashing of an FIR registered against them for allegedly defrauding Amazon Seller Services Limited to the tune of Rs 69,91,940, the Karnataka High Court said that the facts in the case are "so seriously disputed" that they are like a "maze" and would require a full blown trial. Dismissing the petition filed …

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy
Top News
1 month ago

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy

Hindustan Times  

NEW DELHI: The Supreme Court on Monday shielded YSR Congress Party’s social media head Sajjala Bhargava Reddy from arrest for two weeks to enable him to approach the high court for bail, observing the interim protection was akin to allowing the petitioner to get first aid while the state government was “raining FIRs” on him. Former Andhra Pradesh chief minister …

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case
1 month ago

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case

Live Law  

The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes Act, 1989, observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste. These observations were made while hearing the plea to quash the criminal complaint lodged in …

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
1 month, 1 week ago

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts. The bench of …

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders
1 month, 1 week ago

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders

Live Law  

The Karnataka High Court on Wednesday quashed proceedings initiated against Karnataka State BJP President B Y Vijayendra in connection with an FIR registered over an allegedly offensive post made on X, by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress. As per the prosecution case on April 19 MCC Nodal officer of Gandhinagar informed the complainant …

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court
1 month, 2 weeks ago

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court

Live Law  

The Supreme Court is set to hear a petition challenging the Kerala High Court's direction to the police to register FIRs on statements made by women actors to the Justice Hema Committee regarding the abuses they faced in the Malayalam cinema industry on November 25, in which the Kerala Women's Commission has recently filed a counter affidavit.The Commission has filed …

Rajasthan HC quashes FIR against Shilpa Shetty, Salman Khan under SC-ST Act
1 month, 2 weeks ago

Rajasthan HC quashes FIR against Shilpa Shetty, Salman Khan under SC-ST Act

New Indian Express  

JAIPUR: The Rajasthan High Court on Thursday quashed an FIR against Bollywood actors Shilpa Shetty and Salman Khan under the SC-ST Act. A single bench led by Justice Arun Monga ruled that an FIR under the SC-ST Act cannot be registered without proper sectioning and inquiry. Court Highlights Flaws in FIR The High Court bench noted that the FIR was …

ED’s ECIR need not be quashed just because FIR has been set aside, rules Madras High Court
3 months, 4 weeks ago

ED’s ECIR need not be quashed just because FIR has been set aside, rules Madras High Court

The Hindu  

The Enforcement Case Information Report registered by the Directorate of Enforcement under the Prevention of Money Laundering Act of 2002 cannot be quashed if the First Information Report registered by another agency for the predicate offence had been quashed only on technical or procedural grounds and not on substantive grounds, the Madras High Court has ruled. The petitioner had contended …

Madras High Court quashes FIR against Union Minister Shobha Karandlaje following her apology
4 months ago

Madras High Court quashes FIR against Union Minister Shobha Karandlaje following her apology

The Hindu  

The Madras High Court on Thursday quashed a First Information Report registered by the Madurai police against Union Minister of State for Labour and Employment Shobha Karandlaje after recording the apology tendered by her to the people of Tamil Nadu for her remarks following the Rameshwaram Cafe blast in Bengaluru in March this year. Though the FIR quash petition was …

Accused Has No Right Of Pre-Audience Before Registration Of An FIR: Madhya Pradesh High Court
5 months, 3 weeks ago

Accused Has No Right Of Pre-Audience Before Registration Of An FIR: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that an accused cannot claim a right of hearing before an FIR is registered, and hence, an FIR cannot be quashed on the grounds that the accused was not heard before the registration of the offence. In the 2021 case, the Supreme Court, while Referring to various decisions, including that of the Constitution …

Telangana HC tells police to follow procedures against ex-digital media chief
7 months ago

Telangana HC tells police to follow procedures against ex-digital media chief

Deccan Chronicle  

Hyderabad: The Telangana High Court was not inclined to give any immediate interim relief to Kontham Dileep Reddy, former TS digital media wing head, in the case registered against him on charges of circulating false logos and abbreviations of TSRTC. However, the court directed the police to follow the due procedures of law in the investigation and directed the petitioner …

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench
8 months, 3 weeks ago

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench

Live Law  

The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156 CrPC to investigate a cognizable offence.A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and …

Karnataka Excise Act | Police Can't File FIR Solely On Basis Of Seizure Panchnama: High Court
8 months, 4 weeks ago

Karnataka Excise Act | Police Can't File FIR Solely On Basis Of Seizure Panchnama: High Court

Live Law  

The Karnataka High Court has set aside the conviction handed down to two accused under Sections 32, 34 and 38-A of the Karnataka Excise Act, holding that the police cannot file an FIR on the basis of seizure panchanama. The petitioners are acquitted for the offences punishable under Sections 32, 34 and 38-A of Karnataka Excise Act.” The prosecution alleged …

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
9 months, 4 weeks ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law  

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

S.468 CrPC | Reckoning Date For Limitation Is The Date Of Filing Final Report, Not Registration Of FIR: Madras High Court
11 months, 1 week ago

S.468 CrPC | Reckoning Date For Limitation Is The Date Of Filing Final Report, Not Registration Of FIR: Madras High Court

Live Law  

The Madras High Court has recently held that the reckoning date for calculating the limitation period under Section 469 of CrPC would be from the date of filing of the final report and not the date of registration of FIR. During the hearing, the Additional Public Prosecutor informed the court that in the first case, the final report had been …

Patna HC refuses to quash FIR against IPS officer Amit Lodha in DA case
11 months, 2 weeks ago

Patna HC refuses to quash FIR against IPS officer Amit Lodha in DA case

Hindustan Times  

The Patna high court has rejected senior Indian Police Service officer Amit Lodha’s plea to quash a first information report related to a disproportionate asset case lodged against him by the special vigilance unit and directed the agency to take the investigation of this case to its logical end within a period of six months from Monday. The 1998 batch …

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC
11 months, 3 weeks ago

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC

Live Law  

The Allahabad High Court has observed that a charge sheet and the criminal proceedings against an accused cannot be quashed merely because the allegations may also disclose a civil dispute between the parties. “The mere fact that the allegations also make out existence of civil dispute would not be a ground to quash the criminal proceedings when the allegations clearly …

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC
1 year, 1 month ago

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC

Live Law  

The Punjab & Haryana High Court has quashed FIRs against political leaders booked for allegedly violating a Magistrate'sorder promulgated under Section 144 CrPC in 2020.It was alleged that a group of political leaders, including sitting and former MLAs and ministers of Punjab, violated the orders under Section 144 CrPC enforced in Chandigarh in 2020 to curb COVID-19. The Punjab & …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 2 months ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law  

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court
1 year, 2 months ago

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court

Live Law  

The Kerala High Court held that an accused can only be acquitted under Section 256 CrPC when there was a definite conclusion that the complainant does not wish to prosecute the complaint. Dias stated that the Court must not perfunctorily acquit an accused u/s 256 of CrPC. Such power must be exercised judicially and not whimsically or mechanically, the Court …

Andhra Pradesh HC adjourns Naidu's FIR quash petition to Sept. 19
1 year, 3 months ago

Andhra Pradesh HC adjourns Naidu's FIR quash petition to Sept. 19

Deccan Chronicle  

Vijayawada: The Andhra Pradesh High Court on Wednesday held a hearing on the quash petition relating to the FIR filed by the AP CID against TD chief Nara Chandrababu Naidu in connection with the AP skill development scam. A single judge bench headed by Justice Srinivasa Reddy heard the petition seeking quashing of FIR and also suspension of ACB special …

Quash Cheque Bounce Case For Time-Barred Debt
1 year, 4 months ago

Quash Cheque Bounce Case For Time-Barred Debt

Live Law  

The Supreme Court observed that the question whether a cheque was issued towards a time barred debt is to be decided on evidence. "It is crystal clear that this Court keeping in perspective the nature of the proceedings arising under the NI Act and also keeping in view that the cheque itself is a promise to pay even if the …

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court
1 year, 4 months ago

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court

Live Law  

The Kerala High Court has held that the power of a revisional court under Section 397 to 401 of the Criminal Procedure Code, 1973 cannot be equated to that of an Appellate Court. “Unless the finding of the court, whose decision is sought to be revised, is shown to be perverse or untenable in law or is grossly erroneous or …

​Karnataka HC quashes case against Nadda, says 'reckless registration of crime' based on absurd allegations
1 year, 4 months ago

​Karnataka HC quashes case against Nadda, says 'reckless registration of crime' based on absurd allegations

India TV News  

The Karnataka High Court has quashed the criminal proceedings in a case against BJP national president JP Nadda in connection with an election speech ahead of the Assembly polls in May, and called it a “reckless registration of crime." A complaint was lodged by an election officer at the Harapanahalli police station on May 9 under Section 171F, alleging that …

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR
1 year, 7 months ago

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR

Live Law  

Last week, the Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back. The Court was essentially dealing with a criminal writ petition filed by Devendra Singh and 4 others seeking protection from the court after receiving a …

Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police
1 year, 7 months ago

Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police

Live Law  

The Delhi High Court has asked the Commissioner of Delhi Police to ensure that the investigating officers probing a case are present in court when such a case is taken up for hearing. Expressing displeasure over the failure of an investigating officer in answering certain queries put to him by the court, Justice Rajnish Bhatnagar said:“This has become routine invariable …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 8 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

'False FIRs Becoming A Trend': Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Complainant
1 year, 9 months ago

'False FIRs Becoming A Trend': Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Complainant

Live Law  

In a recent judgment, the Punjab and Haryana High Court noted how it has become a common practice to abuse the legal system by filing fictitious FIRs in order to please one's ego, which ultimately results in the wastage of the taxpayer funds because of the false FIR filed by the complainant. Referring to a report by the Chief Judicial …

HC suggested to file murder FIR against 10 cops in Disha rape encounter case
1 year, 10 months ago

HC suggested to file murder FIR against 10 cops in Disha rape encounter case

Deccan Chronicle  

HYDERABAD: Senior counsel Desai Prakash Reddy, who is the amicus curiae in the case of wrongful encounter of suspects in the Disha rape and murder case, on Monday suggested the Telangana High Court register an FIR of murder against the 10 police officers who took part in the encounter. Sirpurkar Commission for an inquiry, which submitted a report, following which …

HC orders Telangana police to stop fresh FIR against \'Telenangana Galam\'
1 year, 10 months ago

HC orders Telangana police to stop fresh FIR against \'Telenangana Galam\'

Deccan Chronicle  

Hyderabad: Justice B. Vijaysen Reddy of the Telangana High Court on Tuesday directed the Telangana police not to register any fresh FIR against the content creators and organiser of the Facebook page ‘Telangana Galam’ until further orders. Justice Reddy was hearing a petition filed by Mallu Ravi, former MP and senior vice-president of the Telangana Congress, and four others including …

Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court
1 year, 10 months ago

Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court

Live Law  

The Karnataka High Court has said that a petition filed under Section 482 of the Criminal Procedure Code, seeking to quash conviction handed down to an accused under the Negotiable Instruments Act is not maintainable. Therefore, the High Court can entertain Section 482 of Cr.P.C, if the complaint is dismissed for non-prosecution or dismissed for default under section 256 of …

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court
1 year, 11 months ago

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court

Live Law  

The Kerala High Court recently refused to quash an FIR against a man accused of attempt to murder under Section 307 of the Indian Penal Code, 1860 despite the dispute being settled between the accused and the de facto complainant. The first petition was for quashing the FIR filed against him and the second petition was to quash the order …

'Loss of Human Life Cannot Be Forgotten': Punjab And Haryana HC Refuses to Quash FIR in Culpable Homicide Case
1 year, 11 months ago

'Loss of Human Life Cannot Be Forgotten': Punjab And Haryana HC Refuses to Quash FIR in Culpable Homicide Case

News 18  

While refusing to quash an FIR in a culpable homicide case on the basis of an amicable settlement between the parties, the Punjab and Haryana High Court recently observed that the loss of human life cannot be ignored or forgotten from the mind. Their counsel apprised the court that the parties had reached an amicable settlement vide the compromise deed …

'Let There Be Investigation' : SC Dismisses BJP Leader Shahnawaz Hussain's Plea Challenging Direction To Register FIR In Rape Case
1 year, 11 months ago

'Let There Be Investigation' : SC Dismisses BJP Leader Shahnawaz Hussain's Plea Challenging Direction To Register FIR In Rape Case

Live Law  

The Supreme Court on Monday dismissed an SLP filed by BJP Leader Syed Shahnawaz Hussain in connection with an alleged 2018 rape case. Pointing towards the complaint filed by the complainant, Mr. Luthra submitted, "It says Complainant has gone to the police many times. It has been fully investigated.” The Bench then inquired, "Did the police inform the complainant that …

Unexplained Inordinate Delay Can Be A Very Crucial Factor For Quashing A Criminal Complaint: Supreme Court
2 years ago

Unexplained Inordinate Delay Can Be A Very Crucial Factor For Quashing A Criminal Complaint: Supreme Court

Live Law  

The Supreme Court observed that unexplained inordinate delay can be considered as a 'very crucial factor' for quashing a criminal complaint.The law, is meant to exist as a shield to protect the innocent, rather than it being used as a sword to threaten them, the bench of Justices Krishna Murari and S. Ravindra Bhat observed.In this case, in the year …

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent
2 years ago

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent

Live Law  

The Supreme Court, in an judgment passed yesterday, quashed criminal proceedings against an accused in a cheating case after noticing that the complainant in fact availed civil remedy.The court however clarified that this order in the facts and circumstances of the present case and the same shall not be cited as a precedent.In this case, the complainant alleged that his …

Karnataka High Court Refuses To Quash FIR Registered Against Kannada Actor Chetan Kumar For Allegedly 'Hurting' Hindu Sentiments
2 years, 1 month ago

Karnataka High Court Refuses To Quash FIR Registered Against Kannada Actor Chetan Kumar For Allegedly 'Hurting' Hindu Sentiments

Live Law  

The Karnataka High Court has dismissed a petition filed by Kannada actor Chetan A. Kumar for quashing of an FIR lodged against him under Section 505 of the Indian Penal Code, on charges of allegedly making statements which promote enmity, hatred or ill-will between different sections of the Society.Justice M I Arun said whether the statements made by Kumar amount …

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court
2 years, 1 month ago

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court

Live Law  

The Supreme Court observed that the criminal proceedings can be quashed when the complaint on the basis of which FIR was registered does not disclose any act of the accused or their participation in the commission of crime. They are neither concerned with the registered sale deed dated 4th May, 1977 nor the later sale deed executed in favour of …

Cannot Quash FIRs Merely On Basis Of Preliminary Enquiry Report: Tamil Nadu Govt To Madras High Court On SP Velumani's Quashing Petition
2 years, 2 months ago

Cannot Quash FIRs Merely On Basis Of Preliminary Enquiry Report: Tamil Nadu Govt To Madras High Court On SP Velumani's Quashing Petition

Live Law  

On the second day of the hearing of former minister SP Velumani's petitions seeking quashing of the two FIRs alleging irregularity in grant of tenders, the State argued that he cannot rely on the preliminary inquiry report to state that he was innocent.The submission was made by Advocate General R Shunmughasundaram before a division bench of Justice PN Prakash and …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 2 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

"No One Can Be Referred To As A 'Suspect' In The Final Report Prepared U/S 173 CrPC": Himachal Pradesh High Court
2 years, 3 months ago

"No One Can Be Referred To As A 'Suspect' In The Final Report Prepared U/S 173 CrPC": Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has observed that no one can be referred to as a 'suspect' in the Final Report, which is to be so filed by the Investigating Officer, in terms of Section 173 of Cr.P.CThe Bench of Justice Ajay Mohan Goel opined that when in the course of the investigation, the Investigating Officer has not found anything …

The Constitutional Courts Cannot And Should Not Quash An "FIR" During The Investigation Stage
2 years, 3 months ago

The Constitutional Courts Cannot And Should Not Quash An "FIR" During The Investigation Stage

Live Law  

Even with regard to matters pending before a criminal court, the power u/s 482 Cr.P.C. If the "information" given provides the police officer empowered under Section 156 Cr.P.C "a reason to suspect" the commission of a cognizable offence, he has no option except to record the information and proceed to investigate the case either himself or depute any other competent …

Delhi High Court refuses to quash FIR against a man on molestation allegations
2 years, 4 months ago

Delhi High Court refuses to quash FIR against a man on molestation allegations

Firstpost  

The accused had to resign from his lucrative job in the United Nations following the complainant’s letter to his organisation New Delhi: The Delhi High Court has refused to quash an FIR against a man on molestation allegations and directed that the woman will have to pay damages to the accused in case he is acquitted by the trial court. …

Section 482 CrPC - Complaint Deserves To Be Quashed If If No Offence Is Made Out By A Careful Reading Of It : Supreme Court
2 years, 4 months ago

Section 482 CrPC - Complaint Deserves To Be Quashed If If No Offence Is Made Out By A Careful Reading Of It : Supreme Court

Live Law  

The Supreme Court reiterated that a criminal complaint has to be quashed if if no offence is made out by a careful reading of the complaint.When the complaint itself disclosed nothing more than a commercial relationship which broke, it is not possible to enlarge the scope of his complaint by merely adding the language used in the text of the …

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court
2 years, 4 months ago

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court held that a petition under Section 482 CrPC is maintainable as the Court below was erroneous in passing orders under Section 451 CrPC to freeze amounts in petitioner's account which had no reasonable connection with any commission of an offence. The Court relied on the Supreme Court decision in Prabhu Chawla …

Kerala High Court Dismisses Swapna Suresh's Plea To Quash FIR Registered Against Her Over Allegations Against CM
2 years, 4 months ago

Kerala High Court Dismisses Swapna Suresh's Plea To Quash FIR Registered Against Her Over Allegations Against CM

Live Law  

The Kerala High Court on Friday dismissed the two petitions filed by Swapna Suesh seeking to quash the FIR registered against her for allegedly spreading false information against MLA K.T Jaleel, Chief Minister Pinarayi Vijayan and the Government.The bench of Justice Ziyad Rahman A. The Kerala High Court on Friday dismissed the two petitions filed by Swapna Suesh seeking to …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 4 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

Live Law  

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

Powers U/S 482 CrPC To Be Exercised Sparingly, Particularly When Section 302 Is Involved: Gujarat High Court
2 years, 5 months ago

Powers U/S 482 CrPC To Be Exercised Sparingly, Particularly When Section 302 Is Involved: Gujarat High Court

Live Law  

Justice Niral R Mehta of the Gujarat High Court has declined to exercise its extraordinary jurisdiction under Section 482 of CrPC to quash the FIR particularly, when the offence of Sec 302 was involved. Ltd. vs. State of Maharashtra and other 'celebrated judgements' of the Supreme Court to conclude that the power of quashing FIR should be exercised sparingly, with …

Discover Related