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Supreme Court Allows Appeal in SC/ST Act Case by Setting Aside High Court's Remand Order and Upholding Cognizance. Cognizance Order Under Section 204 CrPC Does Not Require Detailed Reasons as Magistrate Applied Mind to Case Diary and Record, Making Remand Unnecessary.

The appeal arose from a criminal case involving allegations under the Indian Penal Code, 1860 and the Scheduled Castes and the Scheduled Tribes (Preve...

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Bombay High Court Dismisses MSFC's Petition Challenging DRAT Order Granting Cross-Examination in Loan Recovery Case. Right to Cross-Examine Affidavit Deponent Is a Valuable Right Not Barred by Rule 12(6) of DRT Procedure Rules.

The petitioner, Maharashtra State Financial Corporation (MSFC), filed a writ petition under Articles 226 and 227 of the Constitution of India challeng...

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High Court Quashes Criminal Complaint in Land Dispute — Civil Dispute Cannot Be Converted into Criminal Case. Allegations of Trespass and Unlawful Assembly Found Baseless as Dispute Pertains to Encroachment on Municipal Road and Construction Without Sanction.

The applicant, Harish Khajanchi, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Complain...

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Bombay High Court Quashes Criminal Complaint in Land Dispute Case Due to Civil Nature of Dispute. Court holds that allegations of criminal trespass and mischief are essentially civil in nature and do not disclose any criminal offence, warranting quashing under Section 482 CrPC.

The applicant, Harish Khajanchi, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Complain...

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Bombay High Court Allows Criminal Writ Petition Challenging Magistrate's Refusal to Summon Witnesses in Private Complaint Case. Court holds that the complainant has a right to examine witnesses and the Magistrate cannot refuse to summon them on the ground that they are not cited in the complaint.

The petitioner, Chandrakant Shriram Sharma, is the complainant in S.C.C. No. 1292/2009 pending before the Judicial Magistrate, First Class, Pachora, D...

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Bombay High Court at Goa Quashes Summoning of Directors Under Section 319 CrPC in Cheque Dishonour Case. Directors Cannot Be Summoned Under Section 141 NI Act Without Specific Allegations of Their Role in Company Affairs.

The case involves three criminal writ petitions filed by directors of a company challenging the order of the Judicial Magistrate First Class, Margao, ...