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Search Results for "mandatory FIR"

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High Court

High Court of Judicature at Bombay Dismisses Application Seeking Dismissal of Election Petition in Representation of People Act, 1951 Case Due to Disclosure of Cause of Action. Allegations of Non-Disclosure of Criminal Cases and Assets Under Section 33A and Rule 4A Require Trial on Merits as Petition Pleads Statutory Grounds Under Sections 100 and 123(2).

24 Mar 2026

The High Court of Judicature at Bombay heard an application under Order VII Rule 11(a) and (d) of the Code of Civil Procedure, 1908, seeking dismissal...

Supreme Court

Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

17 Mar 2025

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...

High Court

Karnataka High Court Quashes Wildlife Offence Proceedings Against Accused in C.C.No.2319/2023 Due to Procedural Irregularities and Violation of Investigation Protocol. Registration of Second FIR in FOC No.20/2022 After Prior FIR in FOC No.1/2022 Held Impermissible, and Magistrate's Dual Cognizance and Hybrid Investigation Under Wild Life (Protection) Act, 1972 Not Sustainable.

6 Oct 2023

Background: The petitions arose from criminal proceedings initiated against the petitioners for alleged offences under the Wild Life (Protection) Act,...

High Court

Bombay High Court Quashes FIR and Final Report in Bio-Diesel Seizure Case — Essential Commodities Act Not Attracted. The court held that bio-diesel is not an essential commodity under the Essential Commodities Act, 1955, nor a petroleum product under the Petroleum Act, 1934, and quashed proceedings under Section 482 CrPC.

8 Sep 2023

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.1203 of 2021 d...

High Court

Karnataka High Court Quashes FIR Against Public Servant Under Prevention of Corruption Act Due to Defective Source Report. Source Information Report Prepared in Hot Haste Without Calculating Disproportionate Assets, Violates Fundamental Rights.

26 Jul 2022

The petitioner, a public servant working as an Executive Engineer in Karnataka Power Transmission Corporation Limited, was accused of amassing assets ...

High Court

CRIMINAL WRIT PETITION NO.3931 OF 2016

14 Dec 2016

The petitioner, a former PWD Minister of Maharashtra, filed a habeas corpus petition under Articles 226 and 227 of the Constitution challenging his ar...

High Court

Bombay High Court at Goa Quashes FIR in Criminal Writ Petition for Non-Disclosure of Cognizable Offence — Sections 323, 427, 504, 506 IPC Non-Cognizable Without Sanction. Court held that FIR under Sections 341, 323, 427, 504, 506 read with Section 34 IPC was liable to be quashed as the complaint did not disclose the offence of wrongful confinement and other offences were non-cognizable.

10 Oct 2016

The petitioners, Antonio Xavier Gomes Pereira, Aravin Gomes Pereira, and Rui Gomes Pereira, filed a Criminal Writ Petition before the Bombay High Cour...

High Court

Karnataka High Court Quashes FIR Against Government Officials in Land Revenue Act Case — No Prima Facie Case for Abetment of Misappropriation. Section 192-A of Karnataka Land Revenue Act, 1964 requires specific allegations of abetment; mere official duty performance does not attract criminal liability.

17 Mar 2015

The judgment concerns four criminal petitions and a writ petition filed by government officials seeking quashing of FIR in Crime No.18/2014 registered...

High Court

Karnataka High Court Quashes FIR Against Public Servants in Land Revenue Act Case — No Sanction Required Under Section 197 CrPC for Acts Done in Official Duty. Allegations of Fabrication of Records Under Section 192A of Karnataka Land Revenue Act, 1964 Do Not Attract Criminal Liability Without Prior Sanction.

17 Mar 2015

The judgment pertains to four connected petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No.18...

High Court

Bombay High Court Dismisses Petition Seeking Mandamus to Register FIR in Economic Offences Case — No Mandatory Duty to Register FIR on Private Complaint Without Preliminary Inquiry. Court Holds That Police Have Discretion to Conduct Preliminary Inquiry Before Registering FIR Under Section 154 CrPC, and Writ of Mandamus Cannot Be Issued to Compel Registration.

26 Nov 2010

The petitioner, Mrs. Charu Kishor Mehta, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking a writ of mandamus to c...

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