Search Results for "Cognizable Offence"

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Public Interest Litigation – Suppression of Material Facts – Criminal Contempt – Maintainability of PIL. High Court dismissed the PIL on grounds of suppression of facts, lack of bona fides, and scandalizing the court. Criminal contempt was noted but no proceedings were initiated.

Litigants filing PIL must disclose all material facts and approach the court with clean hands. Scandalizing the court through social media can constit...

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Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...

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Supreme Court Refused Quashing of FIR but Granted Anticipatory Bail to the Appellant – Allegations of Misuse of Official Position and Criminal Breach of Trust under Indian Penal Code, 1860 (IPC)

The Court emphasized the need for thorough investigation into the allegations of misuse of powers under the Bombay Land Revenue Code, 1879 – Appella...

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High Court of Judicature at Bombay Quashes Criminal Proceedings Against BPCL Officials—Lack of Offence Under Essential Commodities Act, 1955 and LPG Distribution Order, 2000

Absence of Statutory Violation—No Offence Attracted Under Section 7 of the Essential Commodities Act, 1955—Unauthorized Raid by Vigilance Squad Re...

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Quashing of Criminal Proceedings – Lack of Prima Facie Case – Mandatory Compliance Under Section 195(1) of the Code of Criminal Procedure, 1973

Criminal proceedings initiated under Sections 353 and 186 of the Indian Penal Code, 1860, were quashed due to the absence of a written complaint by a ...

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Quashing of FIR – Protection under Official Duty – Absence of Mens Rea

Code of Criminal Procedure, 1973 – Section 482 – Quashing of FIR – High Court refused to quash the FIR despite lack of prima facie evidence agai...

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"Supreme Court Remits Matter for Fresh Consideration by High Court in Truck Rent Dispute" "High Court order quashing FIR and criminal proceedings set aside; matter remanded for reconsideration in light of investigation materials."

Acts and Sections Discussed: Code of Criminal Procedure, 1973 (CrPC) Section 156(3): Magistrate’s power to direct investigation. Section 41A:...

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Financial Institutions Protected Against Coercive Action in FIRs Across Multiple States. Protection Against Criminal Proceedings for Financial Institutions - Interim Relief Modified and Clarified by Supreme Court

Acts Discussed: Constitution of India, 1950 Article 14 – Equality before the law Article 19 – Right to freedom Article 21 – Right to lif...