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Supreme Court Dismisses Petition Challenging Cognizance Order in SC/ST Act Case — Holds That Special Court Can Take Cognizance Directly and That High Court's Refusal to Quash Proceedings Was Not Erroneous.

The case involves a special leave petition filed by Ramveer Upadhyay and another against the State of Uttar Pradesh and another respondent. The petiti...

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Supreme Court Quashes FIRs in Cheating and Forgery Case Due to Abuse of Process and Civil Dispute Nature. Criminal Proceedings Under Sections 120B, 420, 465, 468, 471 IPC Set Aside as Allegations Were Absurd and Filed Maliciously Post-Civil Litigation to Harass Accused.

The Supreme Court of India heard appeals challenging the dismissal by the High Court of Karnataka of petitions under Section 482 of the Code of Crimin...

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Supreme Court Quashes Conviction in SC/ST Act Case Based on Compromise Between Parties. Court Invoked Article 142 Powers to Override Non-Compoundability Under Section 320 Cr.P.C., Holding That Genuine Settlement in Private Dispute Warrants Quashing When Appeal is Pending.

The dispute originated from a property conflict between neighbors, Ramawatar and Prembai, which escalated into an incident on June 26, 1994, where Ram...

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Supreme Court Allows Appeal of Accused No. 4 in Property Dispute Case — Quashes Criminal Proceedings for Lack of Prima Facie Case. Lease Deed Based on Registered Document Does Not Attract Criminal Liability Without Evidence of Conspiracy Under Section 482 CrPC.

The Supreme Court dealt with two sets of appeals arising from a common High Court order dated 01.06.2017. The complainant, Fatima Hasna, filed a priva...

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Bombay High Court Quashes FIR in Essential Commodities Act Case Due to Invalid Investigation by Assistant Commissioner of Police. Investigation by officer not of rank of Deputy Superintendent of Police violates Section 6A of Essential Commodities Act, 1955, leading to quashing of FIR and proceedings.

The petitioners, Sarvesh Kumar Shahi and Samiresh Kumar, filed a writ petition before the Bombay High Court challenging the initiation of proceedings ...

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Bombay High Court Acquits Accused in Rape Case Based on Consent and Promise of Marriage — Failure to Prove Ingredients of Rape Under Section 375 IPC. Evidence of Victim Contradictory and Medical Evidence Inconsistent with Prosecution Story.

The applicant, Pravin @ Shrikrishna Chandrakant Marathe, was convicted by the Assistant Sessions Judge, Sindhudurg, for offences under Sections 376, 4...

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Bombay High Court Allows Victim Compensation Appeals Under Section 357A CrPC — State Must Compensate Victims Even if Accused Acquitted or Untraced. The court held that victim compensation is a mandatory duty of the State, not dependent on conviction of the accused.

The judgment concerns four criminal appeals (Criminal Appeal Nos. 991, 992, 331, and 854 of 2011) heard together by the Bombay High Court. The appeals...

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Bombay High Court Allows Appeal in SC/ST Act Case — Conviction Set Aside Due to Lack of Evidence of Public View. Caste-Based Insult Allegation Fails as Incident Occurred Inside House, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The appellant, Digambar Bhujang Kamble, was convicted by the trial court for an offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tr...