Search Results for "pre-cognizance order"

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Search Results for "pre-cognizance order"

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High Court

Bombay High Court Quashes FIR and Magistrate's Order in Cooperative Bank Directors' Case — Abuse of Process and Lack of Sanction Under Section 197 CrPC. Criminal proceedings under Sections 406, 468, 477A IPC read with Section 34 IPC quashed as the Magistrate ignored the High Court's earlier order restoring the complaint for consideration under Section 202 CrPC, and the directors being public servants required sanction for prosecution.

19 Aug 2013

The applicants, nine directors of a cooperative bank, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qu...

High Court

Bombay High Court Dissents That Designated Court Under MCOC Act Cannot Order Investigation Under Section 156(3) CrPC Without Prior Sanction. Special Court Not a Magistrate and Section 23(1) Bar Overrides Private Complaint Procedure.

22 Dec 2005

The Bombay High Court heard a batch of writ petitions involving a common legal question: whether a designated court under the Maharashtra Control of O...

High Court

Bombay High Court Quashes Magistrate's Order for Further Investigation in Cheating Case — Magistrate Cannot Direct Further Investigation Under Section 173(8) CrPC After Charge Sheet Filed Without New Material

21 Apr 2011

The applicants, Atul Shridhar Kaple and Shabbir Valli Zohebbhai Valli, filed an application under Section 482 of the Code of Criminal Procedure, 1973 ...

High Court

Bombay High Court Quashes Trial Court Order Directing Prosecution to Examine Additional Witnesses Under Section 311 CrPC — Power Cannot Be Used to Fill Gaps in Prosecution Case. The court held that summoning uncited witnesses to fill lacunae is beyond the scope of Section 311 CrPC and violates the accused's right to a fair trial.

8 Jul 2010

The case involves a criminal application filed by the accused (applicants) challenging an interim order passed by the 1st Ad hoc Additional Sessions J...

High Court

Bombay High Court Quashes FIR and Section 156(3) Order in Stockbroker-Client Dispute. Dispute over share transactions held to be civil, not criminal, under Section 409 IPC.

5 May 2017

The petitioners, Nirmal Bang Securities Private Limited (a stockbroking company) and its directors, filed a writ petition under Article 226 of the Con...

High Court

Bombay High Court Allows Criminal Writ Petition Challenging Revisional Order Setting Aside Magistrate's Direction for Police Investigation Under Section 156(3) CrPC. The Court Held That the Magistrate's Power to Order Investigation Is Not Barred by Pendency of Civil Proceedings and the Revisional Court Erred in Setting Aside the Order Without Hearing the Complainant.

14 Oct 2011

The petitioner, Syed Muzaffaruddin Khan, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India challenging the judgme...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Invalid Service of Demand Notice. Notice sent by speed post but not delivered to correct address; court holds that service of notice is mandatory under Section 138 of Negotiable Instruments Act, 1881.

12 Dec 2017

The petitioner, Salim s/o Jilani Qureshi, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the C...

Supreme Court

Supreme Court Upholds FIRs for Illegal Mining Despite Compounding Under MMDR Act — IPC Offences Are Distinct and Not Barred by Section 22 of MMDR Act. The court held that compounding under the MMDR Act does not bar prosecution under the IPC for theft and criminal misappropriation, as the offences are separate and distinct.

1 Sep 2020

The Supreme Court dismissed appeals by private appellants and the State of Madhya Pradesh against the High Court's refusal to quash FIRs for illegal m...

High Court

Bombay High Court Quashes Criminal Proceedings in Dowry Harassment Case Due to Compromise Between Parties. Settlement Reached Under Section 498A IPC and Sections 3/4 of Dowry Prohibition Act, 1961 Leads to Quashing of FIR and Criminal Revision.

3 Aug 2006

The case involves a criminal revision application filed by the accused persons (husband and his relatives) against the order of the Sessions Court ref...

High Court

Bombay High Court Quashes Process Against Accused in Cheque Bounce Case for Lack of Territorial Jurisdiction. Issuance of process under Section 138 of Negotiable Instruments Act, 1881 set aside as accused resided outside magistrate's jurisdiction and no part of cause of action arose within it.

21 Nov 2011

The petitioners, Netcore Solutions Pvt. Ltd. and its directors/officers, all residents of Mumbai, challenged the order dated 16.12.2010 passed by the ...

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