Search Results for "Prosecution not maintainable"

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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Prosecution not maintainable"

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High Court

Bombay High Court Quashes NDPS Prosecution for Lack of Sanction Under Section 36A(2) of NDPS Act — Cognizance by Special Court Without Valid Sanction Held Illegal. The court held that the mandatory requirement of previous sanction under Section 36A(2) of the NDPS Act was not complied with, rendering the entire prosecution void.

9 Feb 2015

The applicants, Shailesh Kanada (accused No.3) and Kailash Rajput (accused No.2), were prosecuted in NDPS Special Case No.51/13 pending before the Spe...

High Court

High Court of Karnataka Hears Appeals Against Single Judge Order on Maintainability of Private Complaints Against Public Servants Under the Prevention of Corruption Act. The Single Judge Had Ruled That the Karnataka Lokayukta Act Does Not Expressly Exclude the Operation of Alternative Measures and There Is No Repugnancy With the Code of Criminal Procedure.

29 Nov 2013

The case originated from private complaints filed by the respondent, Sirajin Basha, against the appellant, B.S. Yeddyurappa, a former Chief Minister o...

High Court

High Court of Karnataka Dismisses Revision Petitions Challenging Charge Framing in CBI Case — No Ground to Interfere with Trial Court's Order at Preliminary Stage. The court held that at the stage of framing charge, only a prima facie case or strong suspicion is required, and the revisional court cannot re-appreciate evidence.

30 Aug 2019

The judgment pertains to two criminal revision petitions filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by ac...

High Court

High Court of Karnataka Considers Petition to Quash Criminal Proceedings for Offences Under IPC in Relation to Forged Document Produced in Court. Petitioner Argues Bar Under Section 195 CrPC Renders Cognizance Without Jurisdiction.

2 Aug 2022

The petitioner, Smt. Latha Rajanikanth, approached the High Court of Karnataka under Section 482 of the Code of Criminal Procedure, 1973 seeking to qu...

High Court

Karnataka High Court Hears Writ Petitions Challenging ED Summons Under PMLA; Petitioners Argue Income Tax Offences Not Scheduled Offences

29 Aug 2019

The batch of writ petitions was filed under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. The petitioners, inc...

High Court

Bombay High Court Dismisses State's Appeal Against Discharge of Accused in MCOCA Case Due to Invalid Sanction. Sanction Under Section 23(2) MCOCA Found to Be Without Application of Mind, Leading to Discharge of All Accused.

6 Nov 2017

The State of Maharashtra appealed against an order dated 8th August 2014 passed by the Special Judge under the Maharashtra Control of Organised Crime ...

High Court

Bombay High Court Allows Appeals in MCOCA Case Due to Lack of Sanction and Insufficient Evidence of Organized Crime. Appellants acquitted as prosecution failed to establish that the alleged offences were committed in furtherance of organized crime syndicate under Maharashtra Control of Organised Crime Act, 1999.

30 Nov -0001

The case involves appeals by eleven accused persons against their conviction under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) and th...

High Court

High Court of Karnataka Hears Petition Under Section 482 Cr.P.C. Challenging Discharge of Accused in Illegal Mining Case — Allegations of Fraudulent Mining Operations and Criminal Conspiracy Examined

5 Feb 2021

The petitioner, an NGO, originally filed a writ petition before the Supreme Court of India under Article 32 of the Constitution seeking an investigati...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the complainant must prove that the demand notice was sent to the correct address of the accused by registered post with acknowledgment due, failing which the complaint is not maintainable.

30 Nov -0001

The judgment involves a batch of criminal writ petitions filed by the petitioners (Prabhakar Dattatraya Gune, Sanjay Chandrakant Kirloskar, and M.V. P...

High Court

Bombay High Court Examines Cancellation of Bail Under Section 439(2) CrPC in PMLA Case. Application by Directorate of Enforcement Challenges Special PMLA Court's Bail Order Alleging Non-Compliance with Twin Conditions and Reliance on Irrelevant Material.

8 Sep 2021

The Directorate of Enforcement, Union of India, filed an application under Section 439(2) of the Code of Criminal Procedure, 1973 before the Bombay Hi...

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