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High Court of Karnataka Quashes FIR in Corruption Case Due to Lack of Sanction Under Section 17A of PC Act — FIR Registered Without Prior Approval from Competent Authority for Investigation Against Public Servant

The petitioner, Ningappa G @ Ningappa Savant, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.PC) / Section 52...

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Supreme Court Allows Appeal Against Arrest Under PML Act — Validity of Arrest Under Section 19 PML Act Must Be Examined by Trial Court at Remand Stage

The Supreme Court heard an appeal by Arvind Kejriwal challenging his arrest by the Directorate of Enforcement (DoE) under Section 19 of the Prevention...

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High Court of Karnataka Quashes FIR in Corruption Case Against Private Individuals for Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Private individuals not being public servants, the FIR under PC Act was an abuse of process and quashed.

The petitioners, who are private individuals not holding any public office, filed petitions under Section 482 of the Code of Criminal Procedure, 1973,...

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Supreme Court Sets Aside High Court's Quashing of FIR in Corruption Case Due to Incorrect Legal Test. Investigation Must Proceed as FIR Discloses Cognizable Offence Based on Suspicion Under Prevention of Corruption Act, 1988 and Indian Penal Code, 1860.

The dispute arose from a complaint lodged by Uchit Sharma against Aman Singh, a former Principal Secretary to the Chief Minister of Chhattisgarh, and ...

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Supreme Court Orders CBI Investigation in Murder Case Due to Sham Police Investigation. Court finds investigation perfunctory and designed to conceal, directs CBI to investigate role of respondent no.5 and others under Sections 302, 120B IPC.

The case arises from the murder of Ram Bihari Chaubey, father of the petitioner Amar Nath Chaubey, who was shot dead at his residence in Varanasi on 4...

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Supreme Court Upholds Default Bail Under Section 167(2) CrPC Despite Subsequent Filing of Chargesheet. Indefeasible Right Accrues on Expiry of Statutory Period and Filing of Bail Application Before Chargesheet.

The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the ...

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Karnataka High Court Dismisses Habeas Corpus Petition for Missing Female Baby — No Illegal Detention Established. Court holds that habeas corpus is not maintainable when the alleged detenu is not in custody of respondents and the petitioner fails to prove illegal detention.

The petitioner, Smt. Shankramma Poojari, a fruit vendor, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India before...

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Bombay High Court Quashes 'C' Summary Report in Cheating Case — Directs Further Investigation Under Section 173(8) CrPC. Court finds that the investigating officer failed to examine crucial documents and witnesses, rendering the summary report premature and based on incomplete investigation.

The petitioner, Dharmil Anil Bodani, filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Crim...