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Bombay High Court Allows State Appeal Against Discharge Under MCOC Act — Prima Facie Material Found Sufficient for Trial. The Court held that the Special Judge erred in allowing transfer under Section 11 MCOC Act without considering the prima facie material indicating organized crime.

The State of Maharashtra appealed against the judgment and order dated 2nd September 2002 passed by the learned Special Judge, MCOC Act, Nashik in MCO...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. The court held that the detaining authority failed to consider the detenu's custody and the delay in passing the order vitiated the subjective satisfaction.

The petitioner, Samad Salim Khan, challenged an order of preventive detention passed by the Commissioner of Police, Mumbai, under Section 3(2) of the ...

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Gujarat High Court Upholds Acquittal in Atrocity Case Due to Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The State of Gujarat appealed against the acquittal of Thakore Savsiji Kamaji and others by the Special Judge, Fast Track Court, Patan in Special Atro...

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Bombay High Court Quashes FIR in Family Property Dispute Due to Civil Nature and Malicious Prosecution. The court held that the dispute is purely civil and the FIR was a counterblast, warranting quashing under Section 482 CrPC.

The applicant, Amol Bhaskar Sulakhe, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.291 of...

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High Court of Karnataka Quashes Criminal Proceedings Against Accused in IPC Case Due to Lack of Sanction Under Section 197 CrPC. Proceedings for offences under Sections 428, 429, 504, 506, 509 IPC quashed as the accused, a public servant, was not granted prior sanction for prosecution.

The petitioner, Sri Taha Husain, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the proce...

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GULFISHA FATIMA

The present appeals before the Supreme Court arise from a common judgment of the High Court of Delhi which affirmed the rejection of bail applications...

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High Court Quashes FIR in SC/ST Act Case Due to Civil Dispute and Lack of Atrocity Elements. Allegations of Caste-Based Insults and Intimidation Found to be Vague and Motivated by Property Dispute, Not Attracting Sections 3(i), 3(iv), 3(xiii) of SC/ST Act.

The petitioners, a husband and wife, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. Spl(A) FI...

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Bombay High Court Dismisses State's Appeal Against Discharge of Accused in MCOC Case for Invalid Sanction. Sanction Under Section 23(2) of MCOC Act Was Granted Without Application of Mind and Condition of More Than One Charge-Sheet Was Not Satisfied.

The State of Maharashtra filed an appeal under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Act) against an order dated 24...

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Bombay High Court Dismisses Appeal Against MCOCA Charges for Members of Organised Crime Syndicate. Requirement of Two Prior Chargesheets Applies to Syndicate, Not Individual Members.

The appellants, original accused Nos. 2 and 4, filed an appeal under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) challe...

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Gujarat High Court Upholds Acquittal in Atrocity Case Due to Lack of Public View Evidence. Caste-Based Insult Allegation Fails as Incident Occurred Inside House, Not in Public View Under Section 3(1)(10) of SC & ST (Prevention of Atrocities) Act, 1989.

The State of Gujarat appealed against the acquittal of Hirabhai Devabhai Rabari and others by the Additional Sessions Judge, Fast Track Court, Deesa -...