Search Results for "Quashing of Process"

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Search Results for "Quashing of Process"

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High Court

Bombay High Court Quashes Process Issued Against Police Officers in Custodial Torture Case Due to Absence of Sanction Under Section 197 CrPC. Acts of Procuring Confession by Assault During Investigation Held to Be Done in Purported Discharge of Official Duty, Requiring Prior Sanction Under Section 197 of Cr.P.C., 1973.

9 Jul 2026

Background: The case involves criminal writ petitions filed by three police officers (a Police Inspector and two Police Constables) challenging the or...

High Court

High Court of Bombay Hears Application to Quash Process Issued for Forgery of Gift Deeds, Noting Prima Facie Abuse of Process. Registered Gift Deeds Executed by Father Without Complaint Indicate Criminal Proceedings May Be Unwarranted.

25 Jun 2026

The High Court of Bombay, Circuit Bench at Kolhapur, heard a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking q...

High Court

Bombay High Court Quashes Process Against Directors in Food Safety Act Case — Lack of Vicarious Liability. Directors cannot be held liable under the Food Safety and Standards Act, 2006 without specific averments of their role in the offence.

5 Mar 2024

The petitioners, including a company and its erstwhile directors, challenged an order of the Additional Sessions Judge, Sangli, which dismissed their ...

High Court

Bombay High Court Quashes Process Against Police Constable in Wrongful Confinement and Extortion Case — Allegations of False Implication and Unlawful Detention Not Sufficiently Made Out. Court holds that the complaint lacked essential ingredients of Sections 342 and 385 IPC as the detention was purportedly in connection with a lawful investigation and no demand of property was made from the complainant.

29 Jan 2024

The petitioner, a Police Head Constable at Anti-Dacoity Squad, Crime Branch, Pune, filed a writ petition under Article 227 of the Constitution of Indi...

High Court

Bombay High Court Quashes Process Against Managing Director in Legal Metrology Case for Lack of Specific Allegations. Failure to Disclose Role in Offence Under Section 36(1) of Legal Metrology Act, 2009 Renders Process Invalid.

8 Jun 2023

The applicant, Mr. Gautam Hari Singhania, the Chairman and Managing Director of Raymond Limited, filed a criminal application under Section 482 of the...

High Court

Bombay High Court Quashes Process Against Accused in SC/ST Act Case Due to Lack of Specific Allegations and Non-Compliance with Section 438 CrPC. Court held that the complaint lacked specific allegations of caste-based insult and the Magistrate failed to conduct a preliminary inquiry as required under Section 438 CrPC before issuing process.

4 May 2023

The petitioners, original accused persons, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 CrPC ch...

High Court

Bombay High Court Quashes Process Against Directors in NI Act Case Due to Lack of Specific Averments of Vicarious Liability. The court held that mere designation as a director is insufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act, 1881, and the complaint must contain specific averments that the director was in charge of and responsible for the conduct of the business.

19 Aug 2022

The case involves an application under Section 482 of the Code of Criminal Procedure, 1973, filed by Anil Kumar Singhal and Meenu Maheshwari, director...

High Court

Bombay High Court Quashes Defamation Proceedings Against Newspaper Chairman and Editor-in-Chief for Lack of Specific Allegations. Process under Section 500 IPC set aside as complaint failed to show applicants' direct involvement in selection or publication of defamatory news item.

20 Jun 2022

The applicants, Vijay Darda (Chairman of Lokmat Media Private Limited) and Rajendra Darda (Editor-in-Chief of Lokmat Media), filed a criminal applicat...

High Court

Bombay High Court Quashes Process Against In-Laws in Domestic Violence Case for Lack of Specific Allegations of Breach of Protection Order. Section 31 of Protection of Women from Domestic Violence Act, 2005 requires willful breach of a protection order; mere non-compliance with interim order without specific averments does not attract the offence.

10 Jun 2022

The petitioners, Harsherekha Ajay Garg (mother-in-law) and Anirudha Ajay Garg (husband), challenged an order dated 30 September 2021 passed by the lea...

High Court

Bombay High Court Considers Quashing of Process Issued Under Section 138 NI Act Against Directors Due to Insolvency Moratorium and Insufficient Averments. Complaint Did Not Specify Role of Each Director and Cheques Were Presented After Moratorium Order Under the Insolvency and Bankruptcy Code, 2016.

31 Aug 2018

Background: Two criminal applications under Section 482 CrPC were filed by nine directors of M/s. Amtek Auto Ltd. seeking quashing of process orders i...

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