Allahabad High Court refuses to quash UP Gangsters Act case against Former MLA Irfan Solanki
An FIR was filed under the Gangsters Act against 5 persons, namely Irfan Solanki and four others, alleging that they were in a gang and committing crimes.
section 482 crpc
Cheques Bounced? Supreme Court Confirms You Can File Multiple Complaints under S. 138 NI Act for the Same Transaction
“A separate cause of action arises upon each dishonour of a cheque provided the statutory sequence of presentation, dishonour, notice, and failure to pay is complete.”
Bombay HC quashes FIR against all but one accused in Rs 50 crore investment scam
“The investors were induced to deposit amounts in Indian currency with promises of receiving returns in dollars, including 2% daily, 60% monthly, and 720% annually. It was alleged that the total investment in the scheme exceeded Rs 50 crore.”
High Court Cannot Conduct Roving Enquiry into Debt or Liability While Quashing Section 138 NI Act Complaint: Supreme Court
“Under Section 139 of the NI Act, there is a presumption that the holder of a cheque received the cheque of the nature referred to in Section 138 NI Act for the discharge, in whole or in part, of any debt or other liability. This presumption can be rebutted by evidence led in trial.”
Bombay High Court refuses to quash FIR against Maharashtra Navnirman Sena worker accused of assaulting Advocate over Amazon-Marathi Language Row
“In a proceeding under Section 482 of the Criminal Procedure Code, this Court is not required to conduct a mini trial or get into nitty-gritties of the evidence.”
Bombay HC: Prior relationship or lending money not a license for Objectionable Posts; Conduct may amount to ‘outraging modesty’ & ‘stalking’
“Even assuming the married lady had some relation prior to her marriage with the applicant, and that the applicant had lent money to her on assurance of marriage, that cannot be construed as giving a license to the applicant to post objectionable post over the social site.”
Disciplinary action against Superintendents of Police unjustified for Investigating Officer’s failure to file chargesheet/closure report: Madras HC
“No doubt, the Superintendents of Police have to monitor the investigation conducted by the lower-level officers; however, merely because some of the officers have violated the procedure and not filed the final report or closure report in time, that negligence cannot be attributed to the Superintendents of Police.”
S.359 BNSS not a bar on High Court’s inherent power under S. 528 to quash FIRs: Jammu & Kashmir and Ladakh HC
“Criminal litigation between near relatives or co-sharers often originate from civil or matrimonial disputes and directing the quashment of proceedings by invoking the inherent powers in cases of personal nature not involving any heinous offence, is likely to meet the ends of justice.”
Rajasthan High Court upholds prosecution against anaesthetist posing as gynaecologist for medical negligence and cheating
“It is settled proposition of law that FIR is not an encyclopaedia and should be read with the material collected by the investigating agency during investigation.”
Supreme Court lays down 4-step process to determine veracity of quashment prayer raised by an accused under S. 482 CrPC
The Court stated that if the answer to all the steps is in the affirmative, then judicial conscience of the High Court should persuade it to quash such criminal proceedings, in exercise of power vested in it under Section 482 of the CrPC.
Meghalaya HC quashes charges against former Education Minister in 17-year-old teachers recruitment case; highlights enormous delay in prosecution
In the present case, the selection process is of 2008 and about 17 years have passed since then. The first FIR was lodged on 18-7-2011. Further, nothing has moved significantly in prosecuting the accused, as only 28 out of 181 witnesses have been examined.
High Courts cannot quash trial over disputed questions of facts: Allahabad High Court
“The Court in exercise of power under Section 482 of the CrPC cannot assume such jurisdiction and put an end to the process of trial provided under the law.”
Bar of limitation period under S. 468 CrPC applies only to penal proceedings under S. 31 DV Act: J&K and Ladakh HC
In the present case, the petitioner has wrongly equated filing an application under Section 12 of DV Act to lodging of a complaint or initiation of a prosecution. However, such application cannot be equated with a complaint within the meaning of Section 200 CrPC or Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
‘Vaccine development is issue of public health and national interest’: Uttaranchal HC stays Vaccinologist’s conviction under Section 306 IPC
“Unless the attention of the court is drawn to the specific consequences that would follow on account of the conviction, the person convicted cannot obtain an order of stay of conviction.”
‘Misunderstanding cannot lead to filing FIR in heinous crime like rape; compromise unacceptable’; Bombay HC refuses to quash FIR
“Compromises in heinous crimes are not in the interest of the society since it will then be easy for the accused persons to get the consent of such informants by putting pressure or using money power.”
Bombay HC refuses to quash FIR over construction and naming a public square/chowk ‘Tipu Sultan’
“All the persons including the persons attached to political party were required to obtain construction permission under the local bylaws of the local municipal authority. A public square (chowk), road or place could not be named by the MLA on his own.”
[S.306 IPC] ‘Act of instigation must be such, where deceased has no choice, but to commit suicide’; Bombay HC quashes FIR
Instigation or incitement on the part of the accused person was the gravamen of the offence of abetment to suicide but a mere allegation or accusation of harassment made by the deceased prior to his death, cannot be held as the fulcrum of an offence under Section 306 IPC.
“It’s wife’s tendency to implicate husband and his family members to settle personal scores”: Bombay HC Quashes Dowry Harassment FIR against In-Laws
Only out of ulterior motive to settle personal score, wife makes generalized and sweeping accusation unsupported by concrete evidence. As a result, the family members of husband have to face agony of criminal trial, when no prima facie case is made out against them.
“Mere knowledge of offender’s whereabouts not harbouring”: Punjab and Haryana HC quashes FIR against father & brother of absconder
“The well settled proposition of law is that simple denial of the whereabouts of an offender by his family members does not amount to harbouring such family member.”
“Farmers’ protest against Jawai Dam water distribution as democratic dissent stemmed from genuine resentment”; Rajasthan High Court quashes FIR
“In a democracy, of the people, by the people, and for the people, peaceful protest is a constitutional right. Simply because an individual took to the streets to protest in order to safeguard their rights when their interests were affected does not imply that they have committed offences.”