‘Ends of justice would not be met by quashing FIRs’; Bombay HC refuses to exercise jurisdiction under S. 482, CrPC
“The process of law would take its own course through the trial”
section 482 crpc
‘Economic offences stand on different footing, have wider ramifications’; SC upholds Bombay HC’s decision refusing to quash FIR under PC Act involving SBI employees
SBI suffered losses of Rs. 6.13 Crores approximately, causing a substantial injury to the public exchequer and consequently, hampering the public interest…“Economic offences affect the economy of the country as a whole and pose a serious threat to the financial health of the country. If such offences are viewed lightly, the confidence and trust of the public will be shaken.”
‘Statements in charge-sheet, too far-fetched and fall short of any instigation/incitement’; Bombay HC sets aside abetment to suicide case against a Judicial Officer
To attract the offence under Section 3061 of the Penal Code, 1860, clear mens rea to commit the offence must be established on applicant-accused’s part, as it requires active/direct act, leading the deceased to commit suicide.
MP High Court upholds closure of right to cross-examine prosecutrix due to usage of intentional delay tactics to harass her
The applicant bore sole responsibility for any adverse effects arising from the inability to cross-examine the prosecutrix due to repeated delay tactics.
Rajasthan High Court consolidates trials for 259 FIRs against Sanjivani Group Chairman; Upholds Right to Fair and Speedy Trial
“Whether the proceeding against the accused shall be called as prosecution or it would be a persecution. Whether it’s a persecution or be it a prosecution but in anyway it must come to an end within a reasonable period.”
Section 311 CrPC| Can Prosecutrix be recalled for further Cross-Examination based on affidavit filed after her initial testimony? MP High Court answers
Section 311 CrPC allows the court to recall a witness if it is essential for a just decision of the case, but such power must be exercised judiciously and with caution.
Kerala HC quashes proceedings against husband after considering settled married life and wellbeing of children
“Effacing abominable offences through quashing process would not only send a wrong signal to the community, but may also accord an undue benefit to unscrupulous habitual or professional offenders, who can secure a “settlement” through duress, threats, social boycotts, bribes or other dubious means”
‘Order u/S 482 CrPC can be passed to prevent abuse of process’: Delhi HC imposes Rs. 50,000 cost on complainant pursuing case even after acceptance of settlement money
“The conduct of the litigants to keep the dispute alive for mala fide reasons has the tendency of keeping the docket of the Courts heavy to the detriment of other litigants whose cases have been pending for years together.”
Rajasthan High Court asks State to consider providing statutory remedy of Appeal/Revision against Section 6-A Rajasthan Bovine Animal Act’s orders
Rajasthan High Court held that the High Court’s inherent powers under Section 482 CrPC do not extend to interfering with orders of the District Collector acting under Section 6-A of the RBA Act in a quasi-judicial capacity.
Will penal provisions under Kerala Protection of Riverbanks and Regulation of Removal of Sand Act apply to river sand found on stationary vehicle? Kerala HC answers
Section 23 of the Kerala Protection of Riverbanks and Regulation of Removal of Sand Act, 2001 states that whoever transports sand, without complying with the provisions of the Act shall be punished, and the vehicle used for the transportation be liable to be seized by the Police or Revenue Officials.
“Adding specific dress in Cartoon prima facie indicates attempt to promote enmity”; Madhya Pradesh HC refuses to quash FIR against Folk Singer
The Court stated that applicant’s inclusion of specific dress details not related to the actual incident suggests an intent to attribute the incident to a particular group, potentially inciting enmity and disrupting harmony.
Rajasthan High Court refuses to quash FIR against two Doctors involved in illegal kidney transplantation racket
“Inherent jurisdiction by the High Court under Section 482 CrPC for quashing of FIR/ complaint should be exercised sparingly, with care and caution in rarest of rare cases.”
Can a wife claim that sexual act by her husband is without consent? Madhya Pradesh HC answers
The Court stated that as per the amended definition of rape, any sexual intercourse or act, by the husband with his wife not below the age of fifteen years is not a rape, therefore, consent is immaterial.
Courts must scrutinize 498 A complaints to discern between clever drafting and truth; Delhi High Court quashes complaint
Where the wife is set to implicate the entire family of the husband in a criminal case, it is to be expected that through her lawyer she would get a complaint properly drafted making some specific allegations against each of the family members.
Allahabad HC declines to quash criminal proceedings against 3 men accused of raising slogans against India, and abusing persons in a Temple
Allahabad High Court said that, while deciding an application under Section 482 CrPC, it can only examine whether the case for trial of the accused person is made out on the basis of prosecution allegations and the material collected in support thereof.
Proclamation u/s 82 CrPC to be issued after due satisfaction of Court that person is deliberately avoiding proceedings: Allahabad High Court
“Investigating Agency seeks proclamation order from the court concerned so as to exert the pressure upon the person concerned and the court concerned without taking care of specific procedure issues proclamation under Sections 82/83 CrPC in a cursory and mechanical manner.”
Is Second Petition under Section 482 CrPC maintainable on grounds available at the time of First Petition? Supreme Court determines
The Supreme Court was deciding the appeal against Allahabad High Court’s order wherein it had held that the petitioner could not continue to challenge the proceedings when he had not raised objections to the charge sheet or cognizance order in his first petition under Section 482 Cr.P.C.
Madhya Pradesh High Court quashes FIR lodged under Section 377 IPC against Former Minister Raghavji
The present case is “nothing but the assimilation of personal and political antipathies, more precisely, a politically oriented-animosity, which makes the petitioner’s prosecution malicious.”
Calcutta High Court | Infertility cannot be a ground for divorce
Dismissing the revision petition filed for quashing of FIR and criminal proceeding against the petitioner/husband, the Court held that prima facie case of a cognizable offence of cruelty can be make out against the petitioner/husband therefore inherit power of High Court under S. 482 CrPC cannot be exercised.