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Karnataka High Court Quashes Perjury Proceedings Initiated Without Following Procedure Under Section 340 CrPC. Magistrate's Suo Motu Direction to Register Case for Offence Under Section 193 IPC Without Complaint in Writing Held Illegal.

The petitioner, Noor Mohammad, filed an FIR against an accused named Nabisab for offences under Sections 447, 324, and 504 IPC. After investigation, a...

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Bombay High Court Upholds Censure on Judicial Officer for Misconduct. Minor penalty of censure imposed under Rule 6(1)(i) of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 for accepting donations, celebrating birthday in court premises, and fraternizing with lawyers.

The petitioner, Shiwanand Bhagwanrao Kulkarni, a Civil Judge, Junior Division and Judicial Magistrate, First Class, filed a writ petition under Articl...

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High Court of Bombay at Goa Dismisses Appeal Against Refusal to Initiate Criminal Complaint for Alleged Offences Under IPC. Court holds that mere filing of civil suit and criminal complaint does not warrant initiation of proceedings under Section 340 CrPC without prima facie satisfaction of offence.

The appellant, Arun Kumar Sharma, filed a criminal appeal under Section 341 of the Code of Criminal Procedure, 1973, challenging the judgment and orde...

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Karnataka High Court Allows Lokayukta's Appeal in Service Matter - Report Treated as Information for Disciplinary Action. The court held that the Lokayukta's preliminary report can be used as information for initiating disciplinary proceedings under the Karnataka Civil Services (Conduct) Rules, 1966.

The appeal was filed by the Karnataka Lokayukta challenging the order of a learned Single Judge in WP 6467/2004 dated 7.6.2012. The respondent, Sri Ma...

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Karnataka High Court Considers Criminal Petition Under Section 482 CrPC Seeking Quashing of Private Complaint for Alleged Forgery and Cheating. The Petitioners, Accused Nos. 4 to 6, Alleged that the Complaint Was Civil in Nature and Filed After Unexplained Delay.

The petitioners, accused Nos. 4 to 6 in private complaint P.C.R.No.74 of 2022, filed a criminal petition under Section 482 of the Code of Criminal Pro...

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Supreme Court Allows State Appeal in Prevention of Corruption Act Case, Reinstating FIR Quashed by High Court. Preliminary Enquiry Not Mandatory Under Section 17 When Superintendent of Police Orders Investigation Based on Detailed Source Report Disclosing Cognizable Offence.

The State of Karnataka appealed against the Karnataka High Court's order quashing proceedings against a public servant for offences under the Preventi...

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Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...