Search Results for "court under Section 195 CrPC"

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Search Results for "court under Section 195 CrPC"

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High Court

Karnataka High Court Quashes Perjury Proceedings Initiated Without Following Procedure Under Section 340 CrPC. Magistrate's Suo Motu Direction to Register Case for Offence Under Section 193 IPC Without Complaint in Writing Held Illegal.

12 Mar 2015

The petitioner, Noor Mohammad, filed an FIR against an accused named Nabisab for offences under Sections 447, 324, and 504 IPC. After investigation, a...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Initiate Perjury Proceedings in Civil Suit. Filing a false affidavit in a civil suit does not automatically constitute an offence under Section 199 IPC without proof of intent to cause injury and that the statement was made in a judicial proceeding.

5 Feb 2020

The appellants, Tarun Keshrichand Shah and Priyalata Keshrichand Shah, filed a civil suit in the City Civil Court at Greater Mumbai against respondent...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Investigation — Section 156(3) CrPC Order Set Aside as Magistrate Failed to Apply Judicial Mind. The Court held that the Magistrate must apply judicial mind before ordering investigation under Section 156(3) CrPC and cannot act as a post office.

3 May 2006

The petitioner, Jitendra Chandrakant Mehta, filed a Criminal Writ Petition before the Bombay High Court seeking quashing of proceedings arising out of...

High Court

High Court of Karnataka Quashes Cognizance Order Against ACB Officers for Lack of Sanction. The Court Holds That Cognizance of Offences Alleged to Have Been Committed in Discharge of Official Duties Requires Prior Sanction Under Section 19 of the Prevention of Corruption Act, 1988 and Section 197 of the Code of Criminal Procedure, 1973.

5 Jul 2024

The matter arose from a private complaint filed by the respondent against seven officers of the Anti-Corruption Bureau (ACB), Bengaluru, alleging offe...

High Court

Bombay High Court Quashes Conviction Under Section 174A IPC for Non-Appearance After Proclamation — Offence Not Applicable to Proceedings Prior to 2006 Amendment. Section 174A IPC is prospective and cannot apply to proclamations issued under Section 82 CrPC before its commencement on 23.6.2006.

20 Nov 2013

The petitioner, Ishrat Hussain, was prosecuted in RCC No. 649/2008 for an offence under Section 174A of the Indian Penal Code (IPC). The allegation wa...

High Court

Bombay High Court Quashes Charges Against Directors in Income Tax Search Statement Case — Statements Under Section 132(4) of Income Tax Act Not 'Evidence' for Perjury Prosecution Without Complaint Under Section 195 CrPC. Statements made during search under Section 132(4) are deemed to be in a judicial proceeding under Section 136 of Income Tax Act, 1961, requiring a complaint by the income tax authority before prosecution for offences under Sections 181, 201, 204 IPC.

12 Oct 2010

The petitioners, husband and wife and directors of companies, were accused of offences under Sections 181 (false statement on oath), 201 (causing disa...

High Court

Bombay High Court Allows Revision and Quashes Process in Forgery Case Due to Lack of Sanction Under Section 195 CrPC. The court held that cognizance of offences under Sections 463, 468, 471 IPC is barred without a complaint by the court under Section 195(1)(b)(ii) CrPC.

22 Feb 2018

The case involves three connected matters: Criminal Revision Nos. 49 and 50 of 2016 filed by Smt Sudha Sarraiya, the widow and legal representative of...

High Court

High Court of Karnataka Quashes Charge Sheet and Cognizance Order in NIA Case for Lack of Sanction Under Section 197 CrPC and Section 45 of PMLA. Petitioners were public servants at the time of alleged offences under IPC and Prevention of Destruction of Property Act, 1981, and the court held that prior sanction was mandatory.

29 Apr 2025

The petitioners, five police officers, were charge-sheeted by the National Investigation Agency (NIA) for offences under Sections 120B, 143, 145, 147,...

High Court

High Court of Bombay at Goa Quashes FIR in Forgery Case Due to Bar Under Section 195 Cr.P.C. — Allegations Pertaining to Proceedings Before Revenue Court Require Complaint by That Court.

8 Feb 2024

The petitioner, Anthony Roque D'Souza, filed a Criminal Writ Petition under Section 482 Cr.P.C. seeking quashing of FIR No.178/2023 registered at Mapu...

High Court

High Court of Karnataka Quashes Summons Against Senior Sub-Registrar in Criminal Case — No Prima Facie Case for Abetment or Criminal Conspiracy. Registration of Gift Deeds in Official Capacity Does Not Attract Offences Under Sections 420, 465, 468, 471, 120B IPC Without Evidence of Mens Rea or Criminal Intent.

28 Jun 2023

The petitioner, Sri Raghavendra A, was working as Senior Sub-Registrar at Basavanagudi Division, Bengaluru. In the course of his official duties, he r...

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