Search Results for "article 324"

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Supreme Court

Supreme Court Dismisses Special Leave Petition in CISF Disciplinary Case, Upholding Removal for Suppression of Criminal Case Information. The Court affirmed that suppression of material facts in verification forms justifies termination, especially for sensitive posts in disciplined forces like CISF, applying principles from Avtar Singh v. Union of India and considering the nature of the offence under sections 323, 324, 341 IPC.

24 Apr 2025

The dispute arose from the removal of a constable from the Central Industrial Security Force (CISF) due to suppression of information about his involv...

High Court

Karnataka High Court Quashes Preventive Detention Order for Non-Application of Mind and Mechanical Confirmation. Detenu's representation not considered independently, violating Article 22(5) of Constitution and Section 3(2) of Karnataka Prevention of Dangerous Activities Act, 1985.

29 Apr 2026

The petitioner, Smt. Marry Usha, wife of the detenu Gnana Prakash, filed a writ petition for habeas corpus under Article 226 of the Constitution of In...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Inordinate Delay in Deciding Representation — Right to Expeditious Consideration Under Article 22(5) of Constitution Violated. The Court held that failure to decide the detenu's representation promptly renders the detention order illegal and directed release.

15 Feb 2023

The petitioner, Sangharsh Alias Bhavya Nitin Adsul, challenged an order of detention dated 29th September 2022 passed by the Commissioner of Police, P...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. The court held that the detenu's alleged dangerous activities did not disturb public order, only law and order, and the detaining authority failed to consider that the detenu was already in custody.

4 Mar 2020

The petitioner, Siddhesh Bala Mhaskar @ Siddhu Abhange, challenged a preventive detention order passed on 28th August 2019 by the Commissioner of Poli...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Accused in Multiple FIRs for Unlawful Assembly and Rioting — Lack of Specific Overt Acts and Improper Application of Section 149 IPC. The court held that Section 149 IPC requires a specific overt act or clear nexus to the common object of the unlawful assembly, and mere membership without any particular act attributed is insufficient to sustain charges.

5 Mar 2015

The petitioner, Mallu S/o Vittal Toravi, along with several other accused persons, filed multiple criminal petitions under Section 482 of the Code of ...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Unexplained Delay, Non-Consideration of Bail Order, and Violation of Article 22(5). Detaining Authority Failed to Communicate Representation Decision and Consider Bail Order; Violated Petitioner's Constitutional Right.

29 Feb 2024

The case pertained to a writ of habeas corpus filed by the detenu challenging a preventive detention order under the Maharashtra Prevention of Dangero...

High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Live Link Between Conviction and Likely Future Offences. Single conviction under Section 324 IPC insufficient to justify externment under Section 57(1)(a)(i) of Maharashtra Police Act, 1951 without material showing tendency to commit similar offences.

10 May 2024

The petitioner challenged an externment order passed under Section 57(1)(a)(i) of the Maharashtra Police Act, 1951, externing him from Mumbai City, Mu...

High Court

High Court of Karnataka Quashes FIR in Criminal Petition for Lack of Prima Facie Case — Dispute of Civil Nature Not Attracting Criminal Offences. Allegations of cheating, extortion, wrongful restraint, and voluntarily causing hurt under Sections 384, 341, 324, 420 read with 34 IPC found to be civil disputes over partnership and financial transactions.

10 Nov 2021

The petitioners, Santhosh Chinnappa Reddy Tulasiram, Arun Kumar Gajarajan, and Sandeep Chinnappa Reddy Tulasiram, filed a criminal petition under Sect...

High Court

High Court of Bombay Disposes Three Criminal Applications in Matrimonial Dispute Seeking Quashing of FIRs. Accusations Involve IPC, POCSO Act, and Juvenile Justice Act Allegations Between Family Members.

3 Jul 2026

The High Court of Judicature at Bombay dealt with three interconnected proceedings arising from a matrimonial dispute between a husband (Prakash Hotch...

High Court

High Court of Karnataka Quashes Charges Against Accused in SC/ST Atrocities Case Due to Lack of Prima Facie Evidence. Court holds that mere presence at the scene without active participation or common intention does not attract Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v), 3(2)(va) of SC/ST (POA) Act, 2015 and IPC Sections 302, 307, 324, 447, 143, 147, 148, 149, 109, 114, 120B.

25 Jun 2024

The petitioner, accused No.3, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to set aside the orde...

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