Search Results for "Premature Prosecution"

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Quashing of FIR Set Aside — Supreme Court Reiterates Limits of Section 482 CrPC in Property Fraud Cases.

The Supreme Court set aside the Madras High Court’s order quashing criminal proceedings arising from alleged fraudulent settlement deeds in a fa...

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High Court of Karnataka Quashes FIR in Assault Case Due to Lack of Prima Facie Evidence and Civil Nature of Dispute. FIR under Sections 323, 324, 341, 427, 504, 506 IPC quashed as allegations were vague and the dispute was civil.

The petitioners, C. Ganesh Narayan and Vidya Nataraj, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section ...

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Bombay High Court Quashes Conviction in Consumer Protection Act Penalty Case for Violation of Summary Trial Procedure. Failure to Record Plea and Conduct Trial as Per Sections 254 and 262 CrPC Renders Proceedings Void.

The petitioner, Suhas Ratnakar Morey, was convicted by the Maharashtra State Consumer Disputes Redressal Commission (State Commission) under Section 2...

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Bombay High Court Allows Revision in POCSO Case — Probation Report Can Be Called Even Under POCSO Act. Section 4(1)(2) of Probation of Offenders Act, 1958 is Not Barred by POCSO Act, 2012.

The applicant, Nishant Harishchandra Salvi, was prosecuted for offences punishable under Section 354A of the Indian Penal Code and Section 8 of the Pr...

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Bombay High Court Quashes FIR in Dowry Harassment and Attempt to Murder Case Due to Settlement Between Parties. Criminal proceedings under Sections 307, 498A, 504 read with Section 34 IPC quashed as continuation would be an abuse of process of law.

The applicants, eight family members including the husband's relatives, filed a criminal application under Section 482 of the Code of Criminal Procedu...