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Search Results for "FIR Error"

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Supreme Court

Supreme Court Allows CBI Appeal in Disproportionate Assets Case — Further Investigation Under Section 173(8) CrPC Permitted Despite Earlier Closure Report. The Court held that the Special Court could take cognizance on a charge sheet filed after further investigation under Section 173(8) CrPC even if a closure report under Section 173(2) CrPC had been previously accepted.

28 Apr 2023

The case involves appeals by the Central Bureau of Investigation (CBI) against a High Court order quashing the prosecution of D. Dwarakanadha Reddy (A...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

High Court

High Court of Bombay Considers Anticipatory Bail in Building Collapse; Alleged Negligent Chipping of Columns Not Causa Causans According to Applicant. Licensee Seeks Pre-Arrest Bail, Contending No Gross Negligence and Exoneration by Municipal Committee Reports.

11 Oct 2013

The matter involved an anticipatory bail application filed by Sundeep Bafna before the High Court of Bombay. The applicant had taken the underground a...

High Court

High Court of Karnataka Quashes FIRs Against Former Chief Minister in BDA Denotification Case — CAG Report Cannot Be Sole Basis for Criminal Prosecution Without Independent Investigation. The court held that the CAG report is not a conclusive proof of criminality and cannot be the foundation for criminal prosecution without independent investigation, and that the FIRs were registered without proper sanction under Section 19 of the Prevention of Corruption Act, 1988.

5 Jan 2016

The petitioner, Shri B.S. Yeddyurappa, a former Chief Minister of Karnataka, filed multiple writ petitions under Articles 226 and 227 of the Constitut...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Invalid Service of Demand Notice. Notice sent by speed post but not delivered to correct address; court holds that service of notice is mandatory under Section 138 of Negotiable Instruments Act, 1881.

12 Dec 2017

The petitioner, Salim s/o Jilani Qureshi, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the C...

Supreme Court

Supreme Court Reinstates Criminal Proceedings Quashed by High Court Under Section 482 CrPC Due to Erroneous Exercise of Inherent Powers. High Court's Quashing Order Set Aside as It Entered into Merits and Stifled Legitimate Prosecution Despite Prima Facie Case and Chargesheet in Offences Under Sections 147, 148, 149, 406, 329, 386 IPC.

13 Aug 2021

The appeal arose from the High Court's order quashing criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973. The appellant, t...

High Court

Karnataka High Court Dismisses Petition Seeking Transfer of Investigation in Domestic Violence Case — No Jurisdictional Error Found in Registration of FIR at Shahapur. Writ of Mandamus Cannot Be Issued Without Establishing Illegality or Jurisdictional Error Under Articles 226 and 227 of Constitution of India and Section 482 CrPC.

25 Sep 2020

The petitioner, Smt. K.A. Priyanka, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of...

High Court

High Court Allows Appeal and Remands Motor Accident Claim for Computation of Compensation, Holding That Delay in FIR Is Not Fatal and Test Is Preponderance of Probabilities. Tribunal Erred in Dismissing Claim for Discrepancies in Vehicle Number Despite Corroborating Evidence of MLC and Spot Panchnama.

7 Feb 2018

The appellant, Dilip Deshmukh, suffered grievous head injuries in a motor accident on 20 May 2011 while riding his motorcycle, when a Trax jeep collid...

High Court

Bombay High Court Quashes Criminal Proceedings Against Retired Forest Officer in Encroachment Case — Lack of Independent Application of Mind and Inordinate Delay. Criminal prosecution initiated mechanically on court direction without independent application of mind and after inordinate delay of over 10 years from retirement is an abuse of process of law under Section 482 CrPC.

26 Sep 2018

The Bombay High Court at Nagpur quashed criminal proceedings against Laxmanrao Shende, a retired Forest Range Officer, in a public interest litigation...

Supreme Court

Supreme Court Dismisses Appeal Holding That Bail in Original FIR Does Not Cover Newly Added UAPA Offences and NIA Re-Registration Is Not a Second FIR. The court ruled that the appellant must seek fresh bail for offences under the Unlawful Activities (Prevention) Act, 1967, and that the NIA's re-registration and further investigation were lawful.

26 Apr 2019

The appellant, Pradeep Ram, was initially arrested in connection with FIR No. 02/2016 registered at Police Station Tandwa for offences under Sections ...

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