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Supreme Court Sets Aside Summoning Under Section 319 CrPC Due to Lack of Strong Evidence. Court Holds That Mere Witness Deposition Reiterating Police Statements Is Insufficient to Summon Accused Who Were Previously Discharged After Investigation.

The Supreme Court allowed the appeal filed by Rajesh and others against the judgment of the Punjab & Haryana High Court, which had confirmed the Trial...

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Bombay High Court at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Lack of Sanction Under Section 197 CrPC. Petitioner, a public servant, was prosecuted for criminal breach of trust without prior sanction as required under Section 197 CrPC, rendering the proceedings invalid.

The petitioner, Shri Babruwan Kinalkar, was a conductor employed by the Kadamba Transport Corporation Limited (respondent no.2). The State (respondent...

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Bombay High Court at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Lack of Sanction Under Section 197 CrPC. Petitioner, a public servant, was prosecuted for criminal breach of trust without prior sanction as required under Section 197 CrPC, rendering the proceedings invalid.

The petitioner, Shri Babruwan Kinalkar, was a driver employed by the Kadamba Transport Corporation Limited (respondent no.2), a public sector undertak...

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Bombay High Court at Goa Quashes Criminal Proceedings Against Public Servant in Section 409 IPC Case for Want of Sanction Under Section 197 CrPC. The Court Held That the Petitioner's Acts of Collecting Fares and Issuing Tickets Were in Discharge of Official Duty, Making Sanction Mandatory.

The petitioner, Shri Babruwan Kinalkar, was a driver employed by the Kadamba Transport Corporation Limited (respondent no.2), a State Transport Undert...

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Bombay High Court at Goa Quashes Criminal Proceedings Against Public Servant for Lack of Sanction Under Section 197 CrPC. Petitioner, a Conductor of Kadamba Transport Corporation, Was Prosecuted Under Section 409 IPC for Alleged Misappropriation of Fare Without Prior Sanction from Competent Authority.

The petitioner, Shri Babruwan Kinalkar, a conductor employed by the Kadamba Transport Corporation Limited (respondent no.2), filed a Criminal Writ Pet...

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Bombay High Court Considers Quashing of FIR Against Trustees for Alleged Misappropriation of Trust Land. Absence of Dishonest Intention and Individual Ownership of Sold Property Raised to Negate Offences Under Sections 420, 406, 467, 471 IPC and Sections 66A, 67 MPT Act.

The case involved two criminal applications filed by former office-bearers of a public trust before the Bombay High Court seeking quashing of an FIR a...