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Search Results for "CrPC"

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Supreme Court

Quashing of Criminal Proceedings Under Section 306 IPC – Supreme Court Ordered Reinvestigation in Suicide Case – Absence of Direct Abetment. Criminal Proceedings Against Appellants Quashed – Special Investigation Team Constituted for Reinvestigation – No Proximate Link Between Accused and Suicide – Mere Verbal Utterances Do Not Constitute Abetment – Abuse of Process of Law Prevented.

7 Feb 2025

Constitution Of India, 1950 – Article 21: Right To Fair Investigation – The Supreme Court Held That A One-Sided Investigation Violates The Fundam...

High Court

Acquittal in Corruption Case: Demand and Acceptance of Bratification Not Proven Beyond Reasonable Doubt

7 Feb 2025

Court Sets Aside Conviction Under Prevention of Corruption Act Due to Lack of Direct Evidence and Defective Sanction Order Demand and Acceptance of I...

High Court

Regular Bail Granted — Long Incarceration and Right to Speedy Trial Considered — No Possibility of Early Trial — Allegations of Extortion and Criminal Intimidation — Bail is the Rule, Jail is the Exception — Bombay High Court

7 Feb 2025

The Bombay High Court granted regular bail to Mohammad Khalid Mukhtar Ahmed Shaikh (Accused No.1) due to prolonged incarceration of 4 years, 4 months,...

High Court

NSEL Scam: High Court Upholds Special Court’s Power to Summon Additional Accused Under Section 190 CrPC – NSEL’s Application Maintainable Despite Being an Accused

7 Feb 2025

Bombay High Court Clarifies Scope of Section 190 CrPC in MPID Act Cases – Accused Can Seek Impleadment of Other Accused at Pre-Trial Stage The&...

High Court

Bail Granted Considering Reformative Approach in Light of Applicant’s Young Age Despite Serious Allegations

7 Feb 2025

High Court of Judicature at Bombay emphasized the reformative theory of punishment while granting bail to the accused involved in serious offences und...

High Court

Long Incarceration and Right to Speedy Trial – Bail Granted. High Court of Judicature at Bombay emphasized the fundamental right to speedy trial under Article 21 of the Constitution of India, granting bail due to prolonged incarceration.

7 Feb 2025

The Court acknowledged the Applicant’s long incarceration and the fundamental right to speedy justice. It noted that the case was based on circumsta...

High Court

Bombay High Court upheld the detention order against the Petitioner under the Maharashtra Prevention of Dangerous Activities Act, 1981, dismissing claims of non-placement of complete bail order before the detaining authority.

7 Feb 2025

The Court held that non-placement of the entire bail order did not vitiate the subjective satisfaction of the detaining authority since the reasoning ...

Supreme Court

Supreme Court Acquits Accused Due to Unreliable Extra-Judicial Confession. Suspicion, However Strong, Cannot Replace Proof – Conviction Set Aside.

4 Feb 2025

Constitution of India, 1950 – Indian Evidence Act, 1872 – Code of Criminal Procedure, 1973 – Indian Penal Code, 1860 Extra-Judicial Confession ...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

Supreme Court

Quashing of FIR – Marriage by Mutual Consent – Protection Under Exception 2 to Section 375 IPC. Supreme Court Quashes FIR Alleging Rape – Holds That Husband Cannot Be Prosecuted Under Section 376 IPC.

31 Jan 2025

Constitution of India, 1950 – Criminal Procedure Code, 1973 – Indian Penal Code, 1860 Quashing of FIR – Criminal Appeal against dismissal of pe...

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