Search Results for "Section 482 CrPC"

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Supreme Court Quashes Charge Against Accused in Abetment of Suicide Case Due to ...

Search Results for "Section 482 CrPC"

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Supreme Court

Supreme Court Sets Aside High Court Order Directing CBI Investigation in Impersonation and Extortion Case. Transfer of Investigation to CBI Quashed as Vague Allegations Against Local Police Insufficient to Invoke Extraordinary Power Under Section 482 CrPC, Following Precedent in State of W.B. v. Committee for Protection of Democratic Rights.

2 Apr 2025

The Supreme Court considered an appeal against a Punjab and Haryana High Court order that directed transfer of investigation from local police to the ...

Supreme Court

Supreme Court Dismisses Appeal in FIR Quashing Case Under Sections 306 and 420 IPC Due to Lack of Proximate Instigation and Afterthought Allegations. Court upheld High Court's decision that abetment of suicide requires close nexus between alleged acts and suicide, and cheating complaint must be filed by victim during lifetime, not posthumously by wife.

27 Mar 2025

The appeal arose from a High Court judgment quashing an FIR registered against respondents for offences under Sections 306 (abetment of suicide) and 4...

Supreme Court

Supreme Court Sets Aside Quashing of Corruption Proceedings Due to Improper Exercise of Inherent Powers. High Court's Order Under Section 482 CrPC Was Unjustified After Dismissal of Discharge Application and Revision Petition on Same Grounds, Violating Principles Against Circumvention and Multiplicity.

26 Mar 2025

The appeal arose from a judgment of the High Court of Madras quashing criminal proceedings against the respondent under Section 13(2) read with Sectio...

Supreme Court

Negotiable Instruments Act, 1881 – Section 138 – Insolvency and Bankruptcy Code, 2016 – Section 14, Section 17 – Criminal Procedure Code, 1973 – Section 482 – Moratorium under IBC bars proceedings against a corporate debtor but not against a natural person – Cause of action under Section 138 of NI Act arises after the issuance of demand notice – High Court erred in relying on P. Mohan Raj – Appellant’s petition under Section 482 CrPC ought to have been allowed – Complaint and summoning order quashed.

17 Mar 2025

The Supreme Court distinguished the case from P. Mohan Raj, holding that the cause of action under Section 138 NI Act arose after the moratorium was i...

Supreme Court

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

17 Mar 2025

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...

Supreme Court

Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

6 Mar 2025

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

Supreme Court

Supreme Court Quashed Criminal Proceedings Against Non-Executive Directors, Reaffirming Vicarious Liability Principles Under Negotiable Instruments Act, 1881

4 Mar 2025

Non-Executive Directors Cannot Be Held Liable Under Section 138 Read with Section 141 of the Negotiable Instruments Act, 1881 Without Specific Allegat...

Supreme Court

Supreme Court Quashed Criminal Proceedings Citing Consensual Relationship — No Element of Deceit or Misconception of Fact

3 Mar 2025

Long-Standing Consensual Relationship Cannot Be Construed as Rape Based on Alleged False Promise of Marriage — Prosecution Held as Gross Abuse o...

High Court

Constitution of India, Code of Criminal Procedure, Indian Penal Code – Jurisdiction of High Court under Article 226 – Quashing of criminal proceedings

28 Feb 2025

High Court exercised jurisdiction under Article 226 of the Constitution to quash criminal proceedings—Emphasis on abuse of process of law—No bar u...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Public Servant Due to Lack of Sanction Under Section 197 CrPC – Suneeti Toteja v. State of U.P. & Anr.

25 Feb 2025

Sanction for Prosecution Mandatory for Public Servants Acting in Official Capacity – Deemed Sanction Not Recognized Under Section 197 CrPC The Supr...

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