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Bombay High Court Quashes FIR Against Police Officers in Custodial Death Case Due to Lack of Sanction Under Section 197 CrPC. Prosecution for alleged murder and torture during custody fails as prior sanction for prosecution of public servants was not obtained, rendering the proceedings invalid.

The judgment pertains to two criminal writ petitions filed by police officers seeking quashing of an FIR registered by the Central Bureau of Investiga...

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Madras High Court Acquits Accused in Murder Case Due to Lack of Direct Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Establish Chain of Circumstances Beyond Reasonable Doubt.

The appellant, Sadaiyandi, was convicted by the Additional District Judge (Fast Track Court), Theni, for the murder of a woman and theft of her gold o...

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Bombay High Court Quashes Criminal Proceedings Against Electricity Department Employee in Death Due to Negligence Case. Lack of Evidence of Rash or Negligent Act by Petitioner Leads to Quashing of FIR and Chargesheet Under Section 304-A IPC.

The petitioner, Krishna Kalangutkar, an Assistant Linesman in the Electricity Department, Bicholim, Goa, filed a criminal writ petition under Section ...

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Bombay High Court Dismisses Victim's Appeal Against Acquittal in House Trespass and Assault Case — Acquittal Upheld Due to Lack of Credible Evidence. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 452, 323, 504, 506, 34 IPC.

The appellant, Meera W/o Kolamdas Sirsat, the victim of the alleged crime, filed an appeal under Section 372 of the Code of Criminal Procedure, 1973, ...

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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KAHC010006872022_1

The case arose from a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C.C.No.261...