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Search Results for "summoning Magistrate"

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High Court

High Court of Karnataka Quashes FIR Against Politicians for Peaceful Protest at Chief Minister's Residence — No Offence Under Section 143 IPC and Section 103 Karnataka Police Act, 1963. Court holds that peaceful protest without obstruction or violence does not constitute unlawful assembly or obstruction of public servant.

6 Feb 2024

The judgment concerns four petitions filed by three petitioners: Sri Siddaramaiah (former Chief Minister), Sri Randeep Singh Surjewala (Member of Parl...

High Court

High Court of Karnataka Allows Petition Under Section 482 Cr.P.C. to Set Aside Summary Dismissal of Complaint Under Section 138 of Negotiable Instruments Act, 1881 — Magistrate Erred in Dismissing Complaint Without Considering Evidence on Record. The Court Held That the Magistrate Must Apply Judicial Mind and Examine the Complainant Before Dismissing a Complaint Under Section 138 of NI Act.

5 Feb 2024

The petitioner, A Adinarayana Reddy, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Cou...

Supreme Court

Supreme Court Sets Aside High Court Order Summoning Accused Under Section 319 CrPC — Evidence Insufficient to Show Complicity Beyond Prima Facie Case. Presence of Appellant in Hospital After Offence Committed in Hotel Does Not Make Him Accomplice; Power Under Section 319 CrPC Requires Strong and Cogent Evidence.

1 Nov 2022

The Supreme Court allowed the appeal filed by Naveen against the order of the High Court of Punjab and Haryana which had set aside the trial court's r...

High Court

Karnataka High Court Dismisses Quashing Petition Filed by Power of Attorney Holder in Matrimonial Fraud Case. Petition under Section 482 Cr.P.C. Filed by Accused through Attorney Not Maintainable as Attorney Is a Stranger and Cannot Fight a Proxy War, Relying on T.C. Mathai and Amrinder Singh.

1 Jun 2022

The petitioners, a daughter and mother residing in London, filed a writ petition under Articles 226 and 227 of the Constitution r/w Section 482 Cr.P.C...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Managing Director in Seeds Act Case — Lack of Vicarious Liability. Complaint under Section 6(a) read with Section 19(a) of Seeds Act, 1966 fails to disclose role of petitioner as Managing Director.

8 Feb 2022

The petitioner, Rafel Del Riyo, Managing Director of Syngenta India Limited, filed a petition under Section 482 of the Code of Criminal Procedure, 197...

High Court

High Court of Karnataka Quashes Summons Under Section 319 Cr.P.C. Against Petitioners in Absence of Sufficient Evidence During Trial. Court Held That Magistrate Cannot Summon Accused Based Solely on Complainant's Examination-in-Chief Without Cross-Examination or Corroborative Material.

27 Jan 2021

The petitioners, who were originally named in the FIR but left out in the charge sheet, challenged the order of the II Additional Senior Civil Judge a...

High Court

High Court of Karnataka Adjudicates Criminal Appeals Against Conviction in Counterfeit Currency Case Under IPC Sections 489-B, 489-C and 120-B. Conviction Stemmed from Seizure of Fake Indian Currency Notes Valued at Rs.2,00,000, Where Accused Were Allegedly Involved in Trafficking via Courier from Dubai.

20 Feb 2020

The matter pertains to three connected criminal appeals filed under Section 374(2) of the Code of Criminal Procedure, 1973 before the High Court of Ka...

Supreme Court

Supreme Court Quashes Complaint Against In-Laws in Dowry Harassment Case for Lack of Prima Facie Case. Allegations in Complaint Did Not Constitute Any Offence Under Sections 498A, 323, 504, 506 IPC and Section 3/4 DP Act Against the Appellants.

5 Apr 2019

The Supreme Court allowed an appeal against the High Court's order declining to quash a complaint filed by a wife against her in-laws. The respondent ...

High Court

Bombay High Court Quashes Process in NI Act Case for Non-Compliance with Section 202 CrPC Inquiry. Magistrate failed to conduct mandatory inquiry under Section 202 CrPC before issuing process against accused residing outside jurisdiction.

25 Jun 2018

The petitioner, Kunal Rajesh Kothari, filed a criminal writ petition challenging the order dated 19th January 2016 passed by the Judicial Magistrate, ...

High Court

Bombay High Court Dismisses Petitions by Directors Challenging Process in Cheque Dishonour Cases — Directors Held Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881

17 Aug 2012

The petitioners, Suresh Motwani (Chairman) and Kishore Motwani (Director) of Sun Earth Ceramics Ltd., challenged the issuance of process against them ...

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