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Bombay High Court Quashes FIR Against Clerk in Gunthewari Irregularity Case — No Role in Sanctioning Proposals. Applicant, a clerk with no authority in sanctioning Gunthewari proposals, had FIR quashed under Section 482 CrPC as continuation would be abuse of process.

The applicant, Goroba Vitthal Aavachar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing...

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High Court of Karnataka Allows State's Revision and Dismisses Accused's Revision in Lokayukta Corruption Case — Sanction for Prosecution Under Section 19 of Prevention of Corruption Act, 1988 Must Be Granted by Competent Authority Before Taking Cognizance, Not Before Filing Charge Sheet.

The case involves two criminal revision petitions arising from an order dated 23.08.2017 passed by the LXXVI Additional City Civil and Sessions Judge ...

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Bombay High Court Allows Bank's Petition in Dishonour of Cheque Case — Sets Aside Return of Complaint on Jurisdictional Grounds. Presentation of Cheque for Collection and Issuance of Statutory Notice at Mumbai Confer Jurisdiction Under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, HDFC Bank Ltd. (formerly Centurion Bank of Punjab Ltd.), filed three criminal complaints under Section 138 read with Section 141 of th...

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Bombay High Court Quashes FIR Against Auditor in Forgery Case — No Prima Facie Case Made Out. Allegations of forged agenda service prior to auditor's appointment cannot be attributed to him; mere mention of complainant's absence in audit report does not constitute forgery.

The applicant, Deepak Dilip Khivasara, a chartered accountant, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973,...

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Bombay High Court Quashes FIR for Extortion in Property Dispute — Allegations Found to Be Civil in Nature. Court held that mere demand for money in a property transaction does not constitute extortion under Section 384 IPC when the dispute is essentially civil.

The applicants, Shaikh Mujib, Shaikh Azim, Shaikh Musa, and Shahazad, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (...

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Bombay High Court Quashes FIR in SC/ST Act Case for Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred Inside Office, Not in Public View Under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The applicant, Sharad Shankarrao Chavan, was working as Deputy Director (Research) in the Scheduled Tribe Certificates Scrutiny Committee, Gadchiroli....