Search Results for "Criminal Procedure Code Section 468"

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Search Results for "Criminal Procedure Code Section 468"

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High Court

Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute and Settlement Between Parties. The Court held that where the dispute is predominantly civil and the parties have settled, continuing criminal proceedings would be an abuse of process, warranting quashing under Section 482 CrPC.

18 Jan 2023

The appellant, Shriniwas Dinesh Kumar Gokuldas Kalantry, aged 66, a businessman residing in Ahmedabad, filed Criminal Application No. 573 of 2019 unde...

High Court

Bombay High Court Sets Aside Discharge of Accused in Capitation Fee Case — Holds That Trial Court Exceeded Jurisdiction by Considering Defence Documents at Discharge Stage Under Section 239 CrPC. The court remanded the matter for fresh consideration of discharge application based solely on police report and documents under Section 173 CrPC.

18 Oct 2024

The petitioner, Abhimanyu Rasure, the original complainant, challenged the order of the Chief Judicial Magistrate, Latur, dated 06.05.2010 discharging...

High Court

Bombay High Court Quashes Corruption Proceedings Against Retired Engineer in Gosikhurd Project Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988 Renders Prosecution Invalid. Sanction under Section 19 of Prevention of Corruption Act, 1988 is mandatory for prosecution of public servant; proceedings quashed under Section 482 CrPC for want of valid sanction.

10 Mar 2017

The applicant, Sanjay Laxman Kholapurkar, a retired Superintending Engineer of the Irrigation Department, Government of Maharashtra, filed an applicat...

High Court

Bombay High Court Dismisses ED's Petition Seeking Locus in Closure Report Filed by State in Private Complaint. ED cannot intervene in a closure report filed by the State in a private complaint case under Section 173 Cr.P.C. as it is not an aggrieved party.

21 Dec 2020

The Directorate of Enforcement (ED) filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Crimi...

High Court

High Court of Karnataka Quashes FIR in Criminal Breach of Trust Case Due to Lack of Criminal Intent and Civil Nature of Dispute. The court held that allegations of non-payment under a contract do not constitute criminal offences under Sections 405, 406, 420 IPC without dishonest intention at the time of entrustment.

12 Apr 2022

The judgment pertains to three criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No.21...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Section 311 CrPC Application in Criminal Appeal — Power Under Section 311 CrPC Cannot Be Invoked After Conclusion of Trial

23 Feb 2021

The petitioner, Mahesh Ahirrao, along with respondents 2 and 3, faced trial for offences under Sections 420, 465, 468, 471 read with 34 of the Indian ...

High Court

Bombay High Court Dismisses Bail Application Under Section 437(6) Cr.P.C. for Non-Completion of Trial Within 60 Days — Discretionary Power Not Mandatory. The word 'shall' in Section 437(6) Cr.P.C. is not mandatory; bail is not a default right and court must consider other circumstances under Section 437 Cr.P.C.

23 Sep 2024

The applicant, Latabai wd/o Bhimsing Jadhav, filed a bail application under Section 437(6) of the Code of Criminal Procedure, 1973, seeking release in...

Supreme Court

Supreme Court Quashes FIR Against Company in Contract Dispute Under Section 482 CrPC Due to Absence of Prima Facie Offence. Allegations of Suppression of Restrictive Covenant in Sub-Contract Merely Constitute Civil Breach, Not Criminal Offences Under Sections 406, 420, 467, 468, 471 read with Section 34 IPC, as Complaint Essentially Seeks Recovery of Dues.

28 Apr 2025

The Supreme Court heard an appeal against a High Court judgment that refused to quash an FIR registered against a company and its officers under Secti...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Discharge in MCOCA Case — Hawala Operator Failed to Show Lack of Knowledge of Organized Crime Syndicate. The court held that at the stage of framing charges, a prima facie case exists against the appellant for aiding an organized crime syndicate under Section 2(1)(a) of MCOCA, and discharge under Section 227 Cr.P.C. is not warranted.

6 Oct 2022

The appellant, Mr. Ramesh Jivatram Israni @ Dilip, was accused No.5 in MCOCA Case No.3 of 2018 arising from DCB, CID CR No.47 of 2017 (originally regi...

High Court

Bombay High Court Quashes FIR Against NMMC Officers in SC/ST Act Case — No Prima Facie Case as Alleged Insult Occurred in Private Meeting, Not in Public View. Requirement of 'Public View' Under Section 3(1)(x) of SC/ST Act Not Satisfied When Incident Takes Place in Closed Chamber Without Public Presence.

22 Jul 2010

The petitioners, five senior officers of the Navi Mumbai Municipal Corporation (NMMC), filed a writ petition under Article 226 of the Constitution rea...

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