Search Results for "Cognizable offences"

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High Court

High Court Orders Transfer of MCOCA Case to CID for Unbiased Investigation. Amid allegations of biased police investigation, the court mandates a detailed probe by the Crime Investigation Department to ensure a fair inquiry into the politically charged shooting incident.

11 Jun 2024

Multiple parties related to a case under the Maharashtra Control of Organised Crime Act (MCOCA). The appellant, Jaydeep Taware, has filed an appeal ch...

Supreme Court

Safeguarding Women's Rights and Ensuring Justice for Victims of Cruelty. Protection against Cruelty: Section 85 and 86 of Bharatiya Nyaya Sanhita, 2023, considering the pragmatic realities and the need for necessary changes to prevent misuse of legal provisions.

3 May 2024

Appeal arising from a judgment passed by the High Court of Punjab & Haryana on April 5, 2022, in a criminal case involving the appellant accused o...

Supreme Court

Supreme Court Quashes High Court's Interim Orders Staying Criminal Proceedings and ED Investigation in Loan Default and Money Laundering Case. The Court held that blanket stay of investigation under Prevention of Money Laundering Act, 2002 and Indian Penal Code, 1860 was impermissible as it obstructed statutory powers and involved factual adjudication unsuitable for writ jurisdiction under Article 226.

13 Feb 2024

The Supreme Court addressed appeals against interim orders passed by the High Court of Judicature at Allahabad, which had stayed criminal proceedings ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Corporate Official in Dispute Over Purchase Order Rates. The Court held that allegations of non-payment in a commercial transaction, involving rate revisions for supply of dissolved acetylene gas, did not constitute offences under Sections 406, 504, 506 IPC and were purely civil in nature, warranting quashing under Section 482 CrPC to prevent abuse of process.

30 Jan 2024

The Supreme Court heard an appeal against the Allahabad High Court's dismissal of a petition under Section 482 of the Code of Criminal Procedure, 1973...

Supreme Court

Supreme Court Dismisses Petitions in PMLA Case, Upholding High Court's Order with Costs. High Court's dismissal of writ petitions seeking quashing of ECIR and prosecution complaint under Prevention of Money Laundering Act, 2002, was justified as petitions lacked merit and were not maintainable.

21 Apr 2023

The dispute arose from petitions filed by Anoop Bartaria, Director of World Trade Park Ltd., and the company itself, challenging a common judgment and...

Supreme Court

Supreme Court Quashes Accused in Money Laundering Case Due to Absence of Scheduled Offence. The court held that the alleged offences under Sections 406, 407, 415 to 420, 120B read with Section 34 of the Indian Penal Code, 1860, did not constitute a scheduled offence under the Prevention of Money-laundering Act, 2002, rendering the money laundering charge unsustainable under Section 3 of the PMLA.

20 Apr 2023

The dispute arose from a criminal complaint registered as FIR No. 664/2013 on 29 October 2013 with the Cyberabad Police against six persons, including...

Supreme Court

Supreme Court Quashes FIR and Investigation in IPC Case Due to Lack of Cognizable Offence and Civil Nature of Dispute. Allegations Pertained to Trust Management and Removal from Post, Disclosing No Criminal Offence Under Sections 323, 384, 406, 423, 467, 468, 420, and 120B IPC, Leading to Abuse of Process.

30 Jan 2023

The Supreme Court heard an appeal by special leave against a Calcutta High Court judgment that dismissed a petition under Section 482 of the Code of C...

Supreme Court

Supreme Court Dismisses Appeal in CRPF Constable Dismissal Case, Upholding Termination for Concealment of Criminal Case. Termination was justified under Rule 5(1) of Central Civil Services (Temporary Service) Rules, 1965, as appellant suppressed pending criminal case in verification form, despite subsequent acquittal, in a disciplined paramilitary force.

26 Sep 2022

The dispute arose from the termination of a Constable in the Central Reserve Police Force (CRPF) for concealing information about a pending criminal c...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Cheating and Criminal Breach of Trust Case Due to Civil Nature of Dispute and Forum Shopping. The Court held that allegations of belated share allotment and failure to launch an IPO constituted a commercial dispute without dishonest intention at inception, and filing multiple complaints on same cause of action amounted to abuse of process under Sections 420, 406, 120B IPC and Section 482 CrPC.

22 Mar 2022

The appeal arose from a judgment of the High Court of Calcutta dismissing a petition to quash criminal proceedings under Sections 420, 406, and 120B o...

Supreme Court

Supreme Court Quashes Proceedings Against Editor in POCSO Case Due to Lack of Magistrate Permission for Investigation. The Court held that Section 155(2) of the Code of Criminal Procedure, 1973 applies to non-cognizable offences under Section 23 of the Protection of Children from Sexual Offences Act, 2012, and investigation without Magistrate permission is vitiated, barring cognizance.

21 Mar 2022

The appeal arose from a judgment of the High Court of Karnataka dismissing a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

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