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Bombay High Court Directs State to Withdraw POTA Prosecution Following Review Committee's Finding of No Prima Facie Case. The Court holds that direction under Section 2(3)(a) of Prevention of Terrorism (Repeal) Act, 2004 is binding and results in automatic deemed withdrawal, overriding Section 321 CrPC.

The case involved two accused, Mohd. Rizwan and Mohd. Hassan, who were being tried under the Prevention of Terrorism Act, 2002 (POTA) along with other...

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High Court of Bombay Considers Maintainability of Revision Against Order Under Section 156(3) CrPC. Division Bench Examines if Order Directing Police Investigation is Interlocutory and if Revision Lies Under Section 397 or 401 of the Criminal Procedure Code, 1973.

The High Court of Judicature at Bombay, Aurangabad Bench, was seized of several criminal writ petitions and applications challenging orders passed by ...

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Bombay High Court Dismisses Quashing Petition in SFIO Case — Remand Orders Valid Despite Cognizance Issue. Court holds that remand orders under Section 167 Cr.P.C. are independent of cognizance and not subject to challenge under Section 482 Cr.P.C. after filing of complaint.

The applicant, Hari Sankaran, was arrested by the Serious Fraud Investigation Office (SFIO) on 1 April 2019 for an offence punishable under Section 44...

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Supreme Court Quashes Criminal Proceedings in Company Dispute Under Companies Act and IPC -- Civil Nature and Statutory Bar Upheld

The Supreme Court allowed criminal appeals filed by Yerram Vijay Kumar and Rajeev Kumar Agarwal against the State of Telangana and others, quashing cr...

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Bombay High Court Quashes Criminal Proceedings in WhatsApp Post Case Due to Lack of Intent and Poor Investigation. Forwarding an objectionable post without deliberate and malicious intention does not attract Sections 295-A, 153-A IPC and Section 3(v) of SC/ST Act.

The applicant, Dnyaneshwar Rohidas Wakale, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of crimina...

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Bombay High Court Disposes Writ Petitions by Police Officers Challenging Investigation Order Under Section 156(3) CrPC. Court Considers Whether Judicial Magistrate First Class Could Direct Investigation Without Application of Mind.

The High Court of Judicature at Bombay heard two writ petitions filed by police officers challenging an order of the Judicial Magistrate First Class, ...

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Supreme Court Interprets Section 175(4) BNSS in Sexual Assault Case Against Police Officers -- Clarifies Public Servant Immunity and Investigation Procedures Under Bharatiya Nagarik Suraksha Sanhita

The Supreme Court addressed a criminal appeal involving interpretation of Section 175(4) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) -- The app...

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Supreme Court Quashes POCSO Proceedings Against Husband and In-Laws in Matrimonial Dispute — Allegations Found to be Exaggerated and Vindictive. Court Held That Continuing Criminal Proceedings Would Amount to Abuse of Process of Law Under Section 528 BNSS.

The present criminal appeal arose from an order of the Allahabad High Court refusing to quash criminal proceedings against the appellants, who are the...

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Bombay High Court Quashes Chargesheet in Seeds Act Case Due to Lack of Sanction. Seed Inspector's Complaint Filed Without Prior Sanction from State Government Under Section 24 of Seeds Act, 1966, Rendering Proceedings Void.

The petitioner, Ramnarayan s/o Bansilal Mundada, filed a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad, seeking quashing of...