Search Results for "Police Act, 1861"

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Supreme Court Quashes Criminal Proceedings Against IAS Officer in Arms License Case Due to Inordinate Delay and Lack of Sanction. The court held that unexplained delay of 20 years and absence of valid sanction under Section 197 CrPC vitiate the prosecution.

The Supreme Court allowed the appeal filed by Robert Lalchungnunga Chongthu @ R L Chongthu, an IAS officer of the Bihar Cadre, against the judgment of...

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Supreme Court Quashes Criminal Proceedings Against Rally Organizers for Lack of Prima Facie Offence Under IPC and Police Act. Peaceful Dharna Without Permission Did Not Constitute Public Nuisance or Wrongful Restraint Under Sections 290 and 341 IPC and Section 34 Police Act, 1861.

The case arose from a criminal prosecution initiated against the appellants, who were the Chairman and son of a private educational institution, for o...

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Bombay High Court Allows Petition Challenging Continued Detention Under MPDA Act Due to Non-Consideration of Representation. Failure of Detaining Authority to Consider Detenu's Representation Before State Government Approval Violates Article 22(5) of the Constitution.

The petitioner, Arif Amin Shaikh, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Dru...

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High Court Quashes POCSO Proceedings Against Accused Due to Lack of Prima Facie Evidence of Sexual Assault. Allegation of Penetration Not Supported by Medical Evidence or Victim's Statement Under Section 164 CrPC.

The petitioner, Krishnappa, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Special Case No.28/2...

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High Court of Karnataka Dismisses Defacto Complainant's Petition Seeking Summoning of Magistrate in POCSO Case Citing Absence of Signatures on Victim's Statement. Court Holds That Non-Signing of Section 164 Statement Does Not Vitiate Its Admissibility and Directs Expeditious Trial Completion.

The matter pertained to a writ petition filed by the defacto complainant, the father of a minor girl who was allegedly sexually assaulted at Vibgyor H...

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Bombay High Court Quashes Criminal Proceedings for Possession of Gutka for Sale Under Section 273 IPC — Gutka Not an Article of Food. Possession of Gutka for sale does not constitute an offence under Section 273 IPC as Gutka is not an article of food under the Prevention of Food Adulteration Act, 1954.

The case involves two criminal writ petitions filed by the petitioners, who were accused of possessing Gutka for sale, which was alleged to be an offe...

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High Court Quashes POCSO Proceedings Against Accused Due to Lack of Prima Facie Case and False Implication. Allegations of Sexual Assault on Minor Found Baseless as Medical Evidence and Conduct of Complainant Contradicted FIR.

The petitioner, Krishnappa, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings...