Search Results for "Malicious Prosecution"

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High Court of Karnataka Quashes Criminal Proceedings Against Accused in IPC Case Due to Lack of Sanction Under Section 197 CrPC. Proceedings for offences under Sections 428, 429, 504, 506, 509 IPC quashed as the accused, a public servant, was not granted prior sanction for prosecution.

The petitioner, Sri Taha Husain, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the proce...

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Supreme Court Dismisses Appeals of Former IAS Officer in Government Land Misuse Case — Quashing of FIR and Anticipatory Bail Denied. Allegations of criminal breach of trust and abuse of official position under Sections 409, 219, 114 IPC upheld as requiring investigation.

The appellant, a former IAS officer and District Collector of Rajkot, Gujarat, was accused in FIR No. 33/2011 registered on 12.05.2011 at Tankara Poli...

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Supreme Court Lays Down Pan-India Guidelines Against Demolition of Properties of Accused Without Due Process. Executive Cannot Use Demolition as Punishment for Crime; Right to Shelter Protected Under Article 21.

This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons ac...

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Supreme Court Quashes Externment Order in Maharashtra Police Act Case Due to Procedural Lapses and Lack of Evidence. Externment Order Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951 Found Legally Unsustainable as Based on Vague Allegations and Pending Criminal Cases Challenged as Malicious.

The appeal arose from a judgment of the Nagpur Bench of the Bombay High Court, which dismissed a criminal writ petition challenging an externment orde...

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Bombay High Court Acquits Mother in Son's Drowning Death Due to Lack of Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove homicidal death beyond reasonable doubt.

The appellant, Shalini Gaikwad, was convicted under Section 302 of the Indian Penal Code for the murder of her seven-year-old son Roshan. The prosecut...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Criminal Intent. Complaint under Section 338 IPC fails as essential ingredients of grievous hurt by rash or negligent act not established without expert evidence.

The petitioner, a practicing ophthalmologist, challenged the judgment of the Additional Sessions Judge, Pune, which upheld the Magistrate's order issu...