Pending Litigations Between Parties Can't Be Sole Ground To Quash Criminal Proceedings U/S 482 CrPC: Jharkhand High Court
2 years, 8 months ago

Pending Litigations Between Parties Can't Be Sole Ground To Quash Criminal Proceedings U/S 482 CrPC: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that merely because there is a case and a counter case between the parties or merely because there has been a title suit amongst the parties, the same is not sufficient to quash the criminal proceedings instituted by one of them against the other. The lower court conducted an inquiry in the said protest-cum-complaint case and vide impugned order dated 06.04.2019, took cognizance of offence under Section 417, 465, 471, 482, and 500 of the Indian Penal Code, and directed issuance of summons against the petitioners. The prayer before the present court sought to quash the criminal proceedings arising from the said cognizance by the lower court. It noted that the case at hand does not satisfy any of the following conditions laid down in the case of Bhajan Singh for quashing the criminal proceeding: -Where allegations made in FIR or complaint, even if taken at their face value, do not prima facie constitute any offence or warrant an investigation under Section 156 CrPC; -Where uncontroverted allegations made in FIR and the evidence collected in support of the same do not disclose commission of any offence; -Where allegations made in the FIR are so absurd and inherently improbable that no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused; -Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act to the institution and continuance of the proceedings; -Where a criminal proceeding is manifestly attended with mala fide.

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History of this topic

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC
1 day, 22 hours ago

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court has observed that after setting the criminal machinery into motion, the complainant's role ends, and the complainant or the child victim has no locus standing to file the petition for quashing a POCSO Case, that too, in the name of saving the family's honour. At the outset, the Court opined that the complainant's role ends …

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court
6 days, 1 hour ago

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court

Live Law  

The Supreme Court observed that apart from exercising its power to quash a criminal case under Section 482 Cr.P.C., the High Court can also exercise powers under Article 226 of the Constitution to quash the criminal case to prevent misuse of the law. “It is true that normally, quashing of criminal proceedings would be sought and would be done in …

Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881
2 weeks ago

Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881

Live Law  

Director of the company not responsible for its day-to-day affairs cannot be held liable for dishonour of cheque. Prem Raj v. Poonamma Menon, 2024 LiveLaw 272 : 6 SCC 143 Section 138 – Dishonouring of cheque – Held, existence of any “enforceable debt or other liability” not found. Raj Reddy Kallem v. State of Haryana, 2024 LiveLaw 336 Section 147 …

Cannot Quash POCSO Case Against BS Yediyurappa Based On Witnesses Statement Denying Alleged Incident: Karnataka High Court
3 weeks ago

Cannot Quash POCSO Case Against BS Yediyurappa Based On Witnesses Statement Denying Alleged Incident: Karnataka High Court

Live Law  

The Karnataka High Court on Wednesday expressed a prima facie view that it was not possible for it to quash proceedings initiated against former Chief Minister B S Yediyurappa registered under the Protection of Children From Sexual Offences Act Act, solely on the statements of witnesses recorded under Section 161 which have given a contrary view to that of the …

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court
3 weeks ago

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court

Live Law  

The Kerala High Court has held that remote chance of conviction due to compromise between the accused and the complainant should not serve as a ground to terminate investigation abruptly and to quash the FIR and further proceedings in serious offences involving POSCO Act. The court further said that legal position was comprehensive that criminal proceedings involving very serious offences …

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
3 weeks, 1 day ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court
Trending News
3 weeks, 5 days ago

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

Live Law  

The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced …

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court
Trending News
3 weeks, 5 days ago

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

Live Law  

The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced …

HC Quashes Poll Related Violation Case Against MP
3 weeks, 5 days ago

HC Quashes Poll Related Violation Case Against MP

Deccan Chronicle  

Hyderabad: Justice K. Lakshman of the Telangana High Court quashed criminal proceedings against Vaddiraju Ravichandra, BRS Rajya Sabha member, accused of violating election-related norms during a rally held in 2018. misappropriation case Justice K. Sujana of the Telangana High Court granted bail to an accused in a financial fraud case involving the alleged misappropriation of over Rs 300 crore by …

‘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 …

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 …

Third-Party Can File SLP Under Article 136 Against Quashing Of Criminal Proceedings : Supreme Court
1 month, 2 weeks ago

Third-Party Can File SLP Under Article 136 Against Quashing Of Criminal Proceedings : Supreme Court

Live Law  

The Supreme Court recently reiterated that a third party can file a Special Leave Petition under Article 136 of the Constitution against the quashing of criminal proceedings.An appeal by a private individual can be entertained, both sparingly and after due vigilance, said the Court relying on the precedents in National Commission for Women v. State of Delhi & Anr. The …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
1 month, 2 weeks ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
2 months ago

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court

Firstpost  

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor. Supreme Court on Thursday set aside Rajasthan High Court’s decision to quash …

Karnataka High Court quashes defamation case against BJP MLA Patil Yatnal
3 months, 1 week ago

Karnataka High Court quashes defamation case against BJP MLA Patil Yatnal

New Indian Express  

BENGALURU: The Karnataka High Court on Friday quashed a defamation case against MLA Basanagouda R Patil Yatnal, filed by Minister Shivananda S Patil, owing to procedure not being followed under the Bharatiya Nyaya Suraksha Sanhita. Therefore, notice shall be issued to the accused and after hearing the accused, take cognizance and regulate its procedure thereafter,” said Justice M Nagaprasanna while …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
3 months, 1 week ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

Negotiable Instruments Act | Court Can Compound Offences U/S 147 Even After Conviction: Himachal Pradesh High Court
4 months, 2 weeks ago

Negotiable Instruments Act | Court Can Compound Offences U/S 147 Even After Conviction: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has ruled that under Section 147 of the Negotiable Instruments Act, 1881, offences can be compounded even after the recording of a conviction by the court. Justice Sandeep Sharma delivered this judgment while hearing a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 147 of the Negotiable Instruments Act. …

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 …

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court
5 months, 4 weeks ago

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court

Live Law  

Kerala High Court has held that while Court is exercising its power to quash proceedings, the Court cannot examine the correctness or genuineness of the complaint. to quash criminal proceedings, the High Court would have to proceed entirely on the basis of the allegations made in the complaint or the documents accompanying the same per se. It has been further …

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC
6 months, 1 week ago

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that a petition calling in question the entire proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 would be maintainable before the High Court, not the Sessions Court. The complainant opposed the quashing petition saying that an appeal should be preferred before the Sessions Court under Section 29 …

Petition in Supreme Court seeking stay of 3 new criminal laws
6 months, 1 week ago

Petition in Supreme Court seeking stay of 3 new criminal laws

Hindustan Times  

A public interest litigation was filed in the Supreme Court seeking stay on the newly amended criminal laws Bharatiya Nyaya Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023. Demanding stay of the three laws, the petition also alleged “irregularity” in the passage of bills in Parliament in December 2023. The present petition also raised challenges to …

Supreme Court Issues Notice On UP Congress President Ajai Rai's Plea To Quash Case Under UP Gangsters Act
6 months, 2 weeks ago

Supreme Court Issues Notice On UP Congress President Ajai Rai's Plea To Quash Case Under UP Gangsters Act

Live Law  

The Supreme Court today issued notice to the State of Uttar Pradesh on the petition filed by UP Congress President Ajay Rai for quashing the criminal trial against him under offences of the UP Gangsters and Anti-Social Activities Act 1986. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing the challenge to the order of the Allahabad …

Karnataka High Court quashes drug case against actress Sanjana Galrani and two others for procedural lapses by police
6 months, 2 weeks ago

Karnataka High Court quashes drug case against actress Sanjana Galrani and two others for procedural lapses by police

The Hindu  

Applying its 2022 judgement of quashing criminal proceedings, against a party organiser, on technical reasons in the 2020 drug racket case, the High Court of Karnataka has also quashed the criminal proceedings against actress Sanjana Galrani, realtor Shivaprakash alias Chippi and financial manager in a tech company Adithya Mohan Agarwal. Though the police had registered the FIR in 2020 on …

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court
6 months, 2 weeks ago

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that availing a civil remedy does not by itself become grounds to quash a criminal complaint filed concerning facts which not only make out a civil wrong but a criminal offence as well. The Court said: “Merely on account of the fact that complainant had a civil remedy as also has availed that remedy, …

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution
7 months ago

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution

Live Law  

Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who did not disclose in the plea that a similar petition was dismissed for "non-prosecution. Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
9 months, 3 weeks ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
9 months, 4 weeks ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

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 …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
10 months, 2 weeks ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

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 …

POCSO Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of Parties
1 year ago

POCSO Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of Parties

Live Law  

The Kerala High Court recently quashed proceedings under the Protection of Children from Sexual Offences Act and the Indian Penal Code against a man alleged to have sexually abused the victim. Justice Gopinath P. noted that the allegations against the petitioner accused had been launched following his withdrawal from marriage with the victim, after the engagement ceremony. Justice Gopinath P. …

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 & …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 3 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

Criminality Cannot Be Fastened In Every Case For Mere Breach Of Contract: Jharkhand High Court
1 year, 3 months ago

Criminality Cannot Be Fastened In Every Case For Mere Breach Of Contract: Jharkhand High Court

Live Law  

While observing that not every dispute should culminate in criminal charges, especially when the underlying issue is fundamentally civil in nature, such as a breach of contract, the Jharkhand High Court quashed criminal proceedings against a petitioner in a case that involved allegations under Sections 406, 420, 379, and 120B of the Indian Penal Code Justice Sanjay Kumar Dwivedi observed, …

P&H High Court Quashes FIR Against Ex-Dy CM Sukhbir Badal Over 'Violating' Prohibitory Orders During COVID Pandemic
1 year, 4 months ago

P&H High Court Quashes FIR Against Ex-Dy CM Sukhbir Badal Over 'Violating' Prohibitory Orders During COVID Pandemic

Live Law  

The Punjab and Haryana High Court today quashed an FIR lodged against former Deputy Chief Minister and present Member of Parliament Sukhbir Badal in 2021 for allegedly violating prohibitory orders during the COVID pandemic. "In a democratic country, if a well-established political person, on hearing serious complaints regarding any public issue, decides to verify the same by visiting the spot …

​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 …

S.482 CrPC | Criminal Antecedents Of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court
1 year, 4 months ago

S.482 CrPC | Criminal Antecedents Of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court

Live Law  

The Supreme Court observed that the criminal antecedents of the accused cannot be the sole consideration to decline to quash the criminal proceedings. "An accused has a legitimate right to say before the Court that howsoever bad his antecedents may be, still if the FIR fails to disclose commission of any offence or his case falls within one of the …

Madras High Court refuses to stay trial in corruption case against Minister Ponmudy
1 year, 6 months ago

Madras High Court refuses to stay trial in corruption case against Minister Ponmudy

The Hindu  

The Madras High Court has refused to stay all further proceedings in a case pending against Higher Education Minister K. Ponmudy before a special court, for having allegedly abused his position when he was Minister for Mines and Mineral Resources between 2007 and 2011 and obtained quarry licences in favour of his son, friends and relatives. Justice G. Chandrasekharan dismissed …

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 …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 9 months ago

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure, without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice. The …

HC quashes criminal case proceedings against BRS MLS Nagender
1 year, 9 months ago

HC quashes criminal case proceedings against BRS MLS Nagender

Deccan Chronicle  

Hyderabad: The Telangana High Court has quashed proceedings in a criminal case filed against BRS Khairatabad MLA Danam Nagender after he struck a compromise with the de facto complainant, K. Suryanarayana, manager of the Lakshmi Narasimha Swamy temple at Banjara Hills. Chief Justice Ujjal Bhuyan delivered the order on a petition filed by Nagender seeking quashing of the chargesheet filed …

Cannot Interfere With ED Case Registered In Another State : Karnataka High Court
1 year, 10 months ago

Cannot Interfere With ED Case Registered In Another State : Karnataka High Court

Live Law  

The Karnataka High Court has held that it cannot interfere with criminal proceedings initiated by the Directorate of Enforcement in Mumbai merely on the ground that the accused is staying and operating a bank account in Karnataka. A single judge bench of Justice K Natarajan dismissed the petition filed by Vihaan Direct Selling India Private Limited which had approached the …

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 …

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made
1 year, 10 months ago

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made

Live Law  

The Karnataka High Court has quashed a criminal case where "omnibus allegations" of physical and mental harassment were made by a woman against her sister-in-law. A single judge bench of Justice Mohammad Nawaz allowed the petition filed by a woman who was chargesheeted along with other accused under sections 498-A, 323, 504 read with Section 149 IPC. The court said, …

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 …

Gujarat High Court Quashes Reassessment Order Citing Inability Of Assessee To Secure Relevant Documents Amid Covid-19 Lockdown
1 year, 11 months ago

Gujarat High Court Quashes Reassessment Order Citing Inability Of Assessee To Secure Relevant Documents Amid Covid-19 Lockdown

Live Law  

The Gujarat High Court recently quashed a reassessment order and final notice of assessment issued against to an assessee after she failed to produce the relevant documents, particularly Form-F prescribed under Gujarat Value Added Tax Act, 2003 amid Covid-19 lockdown.The division bench of Justice Sonia Gokani and Justice Sandeep N. Bhatt allowed the petition under Article 226 of. The Gujarat …

High Court Quashes Proceedings Under Kerala Prevention Of Damage To Private Property Act Based On Settlement Between Parties
1 year, 11 months ago

High Court Quashes Proceedings Under Kerala Prevention Of Damage To Private Property Act Based On Settlement Between Parties

Live Law  

The Kerala High Court on Friday quashed the proceedings under Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019 based on the settlement arrived at between the parties. It observed, "The Apex Court in Gian Singh v. State of Punjab, Narinder Singh & Ors. has held that the High Court by invoking S.482 of Cr.P.C can …

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 …

Judicial Service Examination- Practice Questions on First Information Report
2 years ago

Judicial Service Examination- Practice Questions on First Information Report

Live Law  

In which of the following Case, a Three Judge Bench of Supreme Court considered the judgment in T. T. Antony and explained that the judgment in the said case does not exclude the registration of a complaint in the nature of counter claim from the purview of the Court? Ram Lal Narang Vs. Om Prakash Narang and Another T.T.Antony Vs …

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