Criminal proceeding Archives

Calcutta High Court rejects quashing of criminal proceeding; asserts inadmissibility of “Fishing and roving inquiry” at revisional stage

Calcutta High Court held that the Court has no power to determine the correctness, validity and probative value of the evidence collected by the Investigation Officer during investigation.

Case Briefs High Courts

“Absurd and improbable”: Calcutta High Court sets aside maliciously instituted criminal case with no sufficient grounds for legal action

While quashing the criminal proceeding filed against petitioners, the Calcutta High Court held that the same is lacking with substantial evidence and is institutes with malicious intent.

Case Briefs High Courts

Wife leaving matrimonial house with traditional marriage ornaments cannot form basis for criminal case: Calcutta High Court

Calcutta High Court quashed the criminal proceeding pending before the Judicial Magistrate and all related orders.

Case Briefs Tribunals/Commissions/Regulatory Bodies

No benefit to Corporate Debtor, if Criminal Proceedings were initiated after receipt of Demand Notice: NCLAT upholds NCLT’s order

While upholding NCLT’s order the NCLAT held that in the present case there is a debt which remained unpaid by the Operational Creditor.

Case Briefs High Courts

Entry of authorised Bank employee in secured property premises for taking possession doesn’t fall under “House Trespass”: Calcutta High Court

While quashing the impugned criminal proceeding against the petitioners, the Court held that a defaulter borrower holds the secured asset only in trust or symbolic possession and even if the petitioners have entered the said property, the same cannot be marked out as trespassers in other’s’ property.

Case Briefs High Courts

Madras High Court| Petition under Section 482 CrPC challenging a proceeding under Section 12 of the D.V. Act is not maintainable

Madras High Court: In 32 cases regarding domestic violence filed under Section 482 Code of Criminal Procedure, 1973 (CrPC), the full bench

Case Briefs High Courts

Chh HC | Agreement to withdraw criminal complaint after receiving payment for the same cannot be regarded as any lawful term and is void

Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., dismissed the petition being devoid of merits. The facts of the case are such

Case Briefs High Courts

Ker HC | No final report and no cognizance signify there is no pending criminal proceeding; HC lays down parameters governing issuance of passport in a criminal case

Kerala High Court: Bechu Kurian Thomas, J., held that if the final report had not been filed and no cognizance had been

Case Briefs High Courts

Chh HC | Interdicting a criminal proceeding midcourse on ground of invalidity of the sanction order not appropriate unless failure of justice has occasioned as per S. 19(3) PC Act

Chhattisgarh High Court: Sanjay K Agrawal, J. dismissed the petition being devoid of merits. Facts The facts of the case are such

Case Briefs High Courts

Megh HC | Whether a criminal proceeding involving non-compoundable offence can be set aside and quashed, all parties having reached a compromise? Court decides

Meghalaya High Court: W. Diengdoh, J., allowed a petition which was filed against the rejection order of the Chief Judicial Magistrate about

Case Briefs High Courts

Sikk HC | Criminal proceedings initiated under Ss. 186, 290 and 353 of IPC found non-heinous and quashed, as parties entered into a compromise

Sikkim High Court: Arup Kumar Goswami, CJ. quashed a criminal case under Section 482 of the Code of Criminal Procedure, 1973. In

Case Briefs High Courts

Guj HC | Criminal proceeding can be quashed where allegations made in complaint do not disclose commission of an offence under Penal Code

Gujarat High Court: The Bench of A.P. Thaker, J., allowed the petition filed under Section 482 of the Criminal Procedure Code for

Case Briefs High Courts

One respondent cannot be allowed to contemplate compounding/ compromise on behalf of the other respondents

Jammu & Kashmir High Court: A Single Judge Bench comprising of Janak Raj Kotwal, J., dismissed a petition filed under Section 561-A CrPC. to quash

Case Briefs High Courts

Useless to conduct TI parade after 9 months of incident; criminal proceeding against IOs recommended for non-depositing of amount recovered: Calcutta HC

Calcutta High Court: A Single Judge Bench comprising of Rajasekhar Mantha, J. dismissed an appeal filed against the judgment and order of

Case Briefs High Courts

Government entitled to withhold leave encashment of an employee pending criminal or departmental proceedings

Patna High Court: The Division Bench comprising of Rajendra Menon, CJ, and Ravi Ranjan J., held in a challenge made by the