Search Results for "non-cognizable offence"

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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 Quashes Defamation Proceedings Against Journalist for Lack of Sanction Under Section 197 CrPC. Press Reporter's Official Duty Publication Requires Prior Sanction Before Prosecution for Defamation Under Sections 499/500 IPC.

The petitioner, Yogesh Balkrishna Kakade, a press reporter by occupation, was the accused in a defamation case (STC No.643 of 2008) pending before the...

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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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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 FIR Against In-Laws in Dowry Harassment Case Due to Lack of Specific Allegations and Settlement Between Spouses. Court holds that continuation of proceedings against family members of husband would be an abuse of process of law when allegations are general and omnibus.

The applicants, who are the husband's family members (father, mother, sister, and brother-in-law), filed an application under Section 482 of the Code ...

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Bombay High Court Quashes FIR in Abetment of Suicide Case Due to Absence of Instigation. Allegations of Harassment Not Sufficient to Attract Section 306 IPC as No Direct or Indirect Act of Abetment Was Disclosed.

The petitioner, Padmakar Ramdas Agresar, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Co...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42 of NDPS Act, 1985. Secret Information Not Forwarded to Superior Officer, Search Vitiated.

The appellant, Kallumal Jaidmal Kukareja @ Kallumama, was convicted by the NDPS Special Judge, Greater Bombay, for an offence punishable under Section...

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Bombay High Court Quashes FIR Under Maharashtra Cooperative Societies Act for Lack of Sanction and Non-Cognizable Offences. Offences under Section 146(g)(k)(n)(p) of the Act are non-cognizable and require prior sanction under Section 148(3) for prosecution.

The applicant, Manoranjan Ramdas Rathod, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FI...