Search Results for "cognizable offence"

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Supreme Court Cancels Bail of Accused in Interstate Child Trafficking Case Due to Perverse High Court Orders and Absconding Accused. Bail Granted Without Considering Gravity of Offences Under Sections 363, 311, 370(5) IPC and Organized Nature of Racket.

The Supreme Court dealt with a series of appeals filed by victims' families seeking cancellation of bail granted by the Allahabad High Court to 13 acc...

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Supreme Court Allows State Appeal in Prevention of Corruption Act Case, Reinstating FIR Quashed by High Court. Preliminary Enquiry Not Mandatory Under Section 17 When Superintendent of Police Orders Investigation Based on Detailed Source Report Disclosing Cognizable Offence.

The State of Karnataka appealed against the Karnataka High Court's order quashing proceedings against a public servant for offences under the Preventi...

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Supreme Court Dismisses Appeal by Former Judicial Officer in Sexual Offence Case, Upholding Charges Under Sections 376(2)(f), 417, and 506 IPC Based on Prima Facie Evidence of False Promise to Marriage and Exploitation

<p>The Appellant, a former judicial officer, sought discharge from charges under Sections 376(2)(f), 417, and 506 IPC, alleging a consensual rel...

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Supreme Court Quashes FIR in Cheating Case, Distinguishes Between Civil Breach and Criminal Cheating. Business Setbacks Do Not Automatically Imply Criminal Intent – SC

Civil Dispute vs. Criminal Cheating: The Supreme Court reiterated that mere breach of contract or failure to repay dues due to business losses does n...

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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...