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Search Results for "summoning Magistrate"

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High Court

Karnataka High Court Examines Legality of Arrests by Enforcement Directorate in Money Laundering Case After Predicate Offence Closed. Petitioners Allege Violation of Section 19 of PMLA and Fundamental Rights, Challenging Custody Remand Orders.

16 Jun 2026

The three writ petitions, heard together, challenged the legality of the arrest and subsequent custody remand orders of the petitioners, who were dire...

High Court

High Court Quashes Police Notice Under Section 41(1)(a) Cr.P.C. for Lack of Reasonable Suspicion — Journalist's Right to Liberty Protected. The court held that a notice to appear before police must be based on recorded reasons and cannot be issued arbitrarily.

19 Jul 2024

The petitioner, a senior journalist, challenged a notice dated 06-06-2024 issued by the Sub-Inspector of Police, Amruthalli Police Station, under Sect...

High Court

Bombay High Court Allows Petition for Production of Documents in Rape Case — Right to Fair Trial Includes Access to Seized Exculpatory Material Not Filed with Charge-Sheet. Section 91 CrPC Application Rejected by Trial Court Set Aside; Directed to Reconsider Relevance of WhatsApp Chats and Other Documents.

4 Dec 2023

The petitioner, Dr. Sublendu Prakash Diwakar, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 CrPC...

High Court

High Court of Karnataka Quashes Order Granting Pardon to Approver Under Section 306 Cr.P.C. — Failure to Record Satisfaction That Accused Voluntarily Confesses and Makes Full Disclosure. The court held that the order granting pardon to accused No.4 was unsustainable as the trial court did not record its satisfaction regarding voluntary confession and full disclosure of facts.

16 Jun 2023

The petitioners, accused Nos. 5 and 6 in Special C.C. No. 54/2014 pending before the LXXXI Additional City Civil and Sessions Judge and Special Judge ...

High Court

High Court of Karnataka Quashes Charge Sheet in Attempted Kidnapping Case Due to Lack of Prima Facie Evidence and Unsupported Allegations. The court held that mere presence without active participation does not constitute an offence under Sections 365, 511, 143, 147, 149, 323, 324, 331, 120B IPC.

1 Feb 2021

The petitioner, Mr. N.R. Santosh, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the charge ...

Supreme Court

Supreme Court Allows Appeal in POCSO Case — Summoning Under Section 319 CrPC Set Aside for Lack of Strong Evidence. Identification of Accused Based on Spectacles and Subsequent Improvement in Victim's Statement Held Insufficient to Exercise Discretionary Power Under Section 319 CrPC.

17 Oct 2019

The case involves an appeal against an order of the High Court of Uttarakhand upholding the summoning of the appellant under Section 319 of the Code o...

High Court

Bombay High Court Quashes Process Against Wife in Cheque Dishonour Case for Professional Fees — No Vicarious Liability Without Specific Role in Issuance of Cheque. The court held that under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881, a spouse cannot be held liable merely on the basis of relationship or general participation in communications; specific averments of being in charge of business are required.

21 Aug 2019

The petitioner, Alka Khandu Avhad, wife of Khandu Kacharu Avhad, challenged an order dated 23/02/2018 passed by the learned Metropolitan Magistrate, 4...

High Court

Bombay High Court Quashes Criminal Proceedings in Dowry Harassment Case Due to Settlement Between Parties. Court holds that when the parties have amicably resolved their differences and the complainant is no longer interested in prosecuting, continuing criminal proceedings would be an abuse of process of law under Section 482 CrPC.

21 Aug 2019

The applicants, who are the husband and in-laws of the complainant (respondent no.2), filed an application under Section 482 of the Code of Criminal P...

High Court

Bombay High Court Quashes Criminal Proceedings Against MakeMyTrip Officials in Trademark Infringement Case — Domain Name Dispute Lacks Criminal Intent. Court holds that mere registration of similar domain names without evidence of dishonest intention does not constitute criminal offence under Sections 63, 103, 104 of the Trade Marks Act, 1999.

16 Aug 2019

The case involves three criminal applications filed by Rajesh Dalal (Vice President), Make My Trip India Pvt. Ltd., and Deep Kalra (CEO) seeking quash...

Supreme Court

Supreme Court Allows Appeal in Criminal Case for Additional Evidence Under Section 391 CrPC — Trust Deed and Resolution Crucial for Defence. The Court held that the appellate court has wide discretion to take additional evidence if necessary for a just decision, and the rejection of applications under Section 391 CrPC was erroneous.

28 Jan 2019

The Supreme Court allowed the appeal filed by Brig. Sukhjeet Singh (Retd.) against the judgment of the Allahabad High Court dated 17.01.2017, which ha...

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