Search Results for "section 482 Cr.P.C."

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High Court

Bombay High Court Quashes FIR Against Student for Environmental Comment on Religious Ritual — No Deliberate Malicious Intention to Outrage Religious Feelings Under Section 295-A IPC. The court held that a social media comment expressing concern about environmental pollution from a religious ritual, without deliberate or malicious intent to insult religion, does not constitute an offence under Section 295-A IPC.

3 Oct 2024

The petitioner, Swidel Rodriguez, an 18-year-old student, filed a criminal writ petition under Article 226 of the Constitution of India and Section 48...

High Court

High Court of Karnataka Upholds Maintenance Order Under Section 125 Cr.P.C. — Husband Directed to Pay Maintenance to Wife and Minor Children. The court found no illegality in the Sessions Judge's order enhancing maintenance to Rs.1,000/- for wife and Rs.750/- each for minor daughters.

22 Mar 2019

The petitioner, Ravi, filed a criminal petition under Section 482 Cr.P.C. challenging the order dated 01.10.2012 passed by the Fast Track Court and Se...

High Court

High Court of Karnataka Quashes Proceedings in Domestic Violence Case Due to Lack of Jurisdiction and Non-Compliance with Procedural Requirements. The court held that the respondent did not have a domestic relationship with the petitioners and the application was filed in a court without territorial jurisdiction under the Protection of Women from Domestic Violence Act, 2005.

26 Feb 2019

The petitioners, eight individuals including Prakash Hasabi and others, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, se...

High Court

High Court of Karnataka Quashes Proceedings Against Company in CBI Case — Company Cannot Be Prosecuted Alone Without Its Directors for Criminal Offences. The Court held that a company, being a juristic person, can only act through its directors or officers; therefore, prosecution of a company without impleading its directors is not maintainable.

15 Feb 2019

The petitioner, Sanofi India Limited (formerly Aventis Pharma Limited), a public limited company, filed a petition under Section 482 of the Code of Cr...

High Court

High Court of Karnataka Quashes FIR Against Cold Storage Firm in Cattle Transport Case — No Prima Facie Offence Made Out Under Cow Slaughter Act. Allegations of illegal transport of cows for slaughter fail as the vehicle was carrying buffaloes, not cows, and the petitioners were not involved in the alleged cruelty.

25 Jan 2019

The petitioners, Shrusthi Agro & Cold Storage and its partners, filed a petition under Section 482 Cr.P.C. seeking quashing of FIR No. 42/2018 registe...

High Court

High Court of Karnataka Quashes Order for Further Investigation Under Section 173(8) Cr.P.C. — Lack of Notice to Complainant Violates Principles of Natural Justice. The Court Held That an Order Passed Behind the Back of the Complainant Without Affording an Opportunity of Hearing Is Unsustainable and Directed Reconsideration After Hearing All Parties.

17 Jan 2019

The petitioner, M. Rubin Britto, through his GPA holder, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Secti...

High Court

High Court of Karnataka Quashes Seeds Act Proceedings for Lack of Sanction — Seeds Inspector Not Authorized to File Complaint Without Prior Sanction Under Section 21 of Seeds Act, 1966

11 Jan 2019

The petitioner, Mohan H. Handral, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking to quash the proceeding...

High Court

Bombay High Court Quashes IPC Offences in Electricity Theft Case After Compounding Under Section 135 of Electricity Act, 2003 — Dual Prosecution for Same Acts Not Permissible. The court held that once the offence under the special enactment (Electricity Act) is compounded, the IPC offences based on the same acts cannot be prosecuted, as the Electricity Act is a complete code and the compounding amounts to an election by the complainant.

9 Feb 2018

The applicant, Syed Yaqoob Syed Masood, a Taluka Agriculture Officer, filed an application under Section 482 Cr.P.C. seeking quashing of FIR No. 0273/...

High Court

High Court of Bombay at Goa Allows Police Officer's Petition Under Section 482 Cr.P.C. to Quash Orders Directing Registration of Complaint — Complaint Held to be Malicious and Abuse of Process. The court found that the complaint was a counterblast to the FIR lodged by the officer and was filed with malafide intent to harass him, and thus the inherent powers under Section 482 Cr.P.C. were invoked to prevent abuse of process.

5 Jan 2018

The petitioner, a Police Sub-Inspector, filed a Criminal Application under Section 482 Cr.P.C. seeking quashing of an order dated 9th July 2013 passed...

High Court

Bombay High Court Quashes FIR in Dowry Prohibition Act Case Due to Lack of Territorial Jurisdiction. Offence Alleged to Have Occurred in Goa, Not Pune, Rendering FIR at Khadak Police Station, Pune Unsustainable.

14 Sep 2017

The petitioners, Mohamed Rizwan Memon, his wife Nida Rizwan Memon, and Nausheen Hasan Memon, filed a criminal writ petition under Articles 226 and 227...

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