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Bombay High Court Quashes Discharge Order in Private Complaint Case — Reiterates That Magistrate Must Apply Judicial Mind at Stage of Issuance of Process Under Section 204 CrPC. Sessions Court Cannot Discharge Accused Without Considering Magistrate's Order and Material on Record.

The petitioner, Shivaji Ananda Pawar, filed a private complaint against several accused, including respondent nos. 1 and 2 (original accused nos. 5 an...

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Gujarat High Court Dismisses Revision Against Rejection of Discharge in Cheque Dishonour Case — Prima Facie Case Made Out Under Section 138 NI Act. No Interference Warranted as Magistrate's Order Based on Material Evidence.

The present criminal revision application was filed by Yogesh Premjibhai Suvariya and another (the petitioners/accused) challenging the order dated 08...

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Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...

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Bombay High Court Allows Appeals in MCOC Act Case Due to Lack of Sufficient Material and Non-Application of Mind in Granting Approval and Sanction. Appellants Discharged Under Section 227 CrPC as Material on Record Did Not Warrant Framing of Charge Under MCOC Act.

The present appeals were filed by Sachin Bansilal Ghaiwal and Umesh Mohan Kirve, who were accused Nos. 3 and 9 respectively in a case registered under...

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Supreme Court Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...

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High Court of Karnataka Upholds Discharge of Police Constable for Suppressing Criminal Antecedents in Appointment. Failure to Disclose Pending Criminal Case in Attestation Form Constitutes Suppression of Material Information, Rendering Appointment Void Ab Initio.

The petitioner, Sri Ramesh Malli, was selected and appointed as Police Constable (Wireless) in the Karnataka Police Department on 13.06.2017. During t...

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Bombay High Court Allows Discharge of Accused from MCOC Act Offences for Lack of Sanction and Prima Facie Case. The court held that the sanction under Section 23(1)(a) of MCOC Act was invalid and the allegations did not constitute 'organised crime' under Section 2(1)(e) of the Act.

The appellants, original accused nos.1 to 6 in MCOC Special Case No.5 of 2016 pending before the Special Judge (under the MCOC Act), Pune, filed an ap...

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High Court of Karnataka Allows Discharge Petition in Cheating and Forgery Case — Lack of Prima Facie Evidence Against Accused No.3. Petitioner Discharged Under Sections 419, 420, 465, 468 IPC as Complainant Failed to Show Dishonest Intent or Fraudulent Misrepresentation.

The petitioner, Jayaprakash M.R., was arrayed as accused No.3 in C.C.No.452/2019 pending before the Senior Civil Judge and JMFC at Belur, Hassan, for ...