Search Results for "Premature Prosecution"

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Search Results for "Premature Prosecution"

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High Court

Bombay High Court Quashes PMLA Proceedings Against Accused in Seva Bank Loan Fraud Case — Lack of Scheduled Offence and Non-Application of Mind in ECIR Registration. The court held that the ECIR was registered solely on the basis of FIR No.163/2018 involving Section 420 IPC, but the subsequent FIRs (525/2021, 526/2021, 527/2021) which included other scheduled offences were not considered, and the proceeds of crime were not properly identified, rendering the PMLA proceedings unsustainable.

29 Aug 2024

The judgment concerns multiple writ petitions filed by individuals accused in connection with alleged loan fraud involving Seva Vikas Co-operative Ban...

High Court

Bombay High Court Allows Writ Petitions Challenging PMLA Attachment — Section 32A IBC Immunity Overrides Provisional Attachment Order Under PMLA. Resolution Plan Approved for Corporate Debtor Shields Assets from Enforcement Directorate's Attachment.

1 Mar 2024

The judgment concerns two writ petitions: one by individuals (Shiv Charan, Pushpalata Bai, and Bharti Agarwal) challenging a provisional attachment or...

High Court

Bombay High Court Dismisses Petition Seeking Prohibition of Trial and Re-investigation in Murder Case. Court holds that the petition is premature as the trial is at initial stage and the accused has alternative remedies under the Code of Criminal Procedure.

3 Apr 2023

The petitioner, Ankit Biranwar, is an accused in Crime No. 399/2019 registered at Ram Nagar Police Station, Gondia, for offences under Sections 302, 2...

High Court

Bombay High Court Grants Default Bail to Accused Under MCOCA for Non-Compliance with Section 167(2) CrPC — Extension of Investigation Period Without Notice to Accused Invalid. The court held that the right to be heard before extension of investigation period is a fundamental facet of natural justice, and its violation entitles the accused to default bail.

3 Mar 2023

The petitioners, accused in a crime registered under Sections 307, 109 read with Section 34 IPC and Sections 3 and 25 of the Arms Act, along with prov...

Supreme Court

Supreme Court Sets Aside High Court's Quashing of FIR in Corruption Case Due to Incorrect Legal Test. Investigation Must Proceed as FIR Discloses Cognizable Offence Based on Suspicion Under Prevention of Corruption Act, 1988 and Indian Penal Code, 1860.

1 Mar 2023

The dispute arose from a complaint lodged by Uchit Sharma against Aman Singh, a former Principal Secretary to the Chief Minister of Chhattisgarh, and ...

High Court

Karnataka High Court Decides Bail Appeals in SC/ST Act Case; Accused Allegedly Involved in Mob Attack on MLA's House. High Court Assesses Prima Facie Case Under Sections 3(2)(v) of SC/ST Act and IPC Sections 435, 436 for Arson and Conspiracy.

22 Jun 2021

The appellants, accused in Crime No. 219/2020 registered by Devarajeevanahalli Police Station, filed appeals under Section 14A(2) of the Scheduled Cas...

High Court

Bombay High Court Allows Compounding Application in Customs Act Offense Despite Pending Criminal Prosecution. Petitioner's Fundamental Rights Protected by Directing Expeditious Consideration of Compounding Application Under Section 137(3) of Customs Act, 1962.

27 Sep 2019

The petitioner, Imran Latif Shirgawkar, was arrested by the Directorate of Revenue Intelligence under Section 104 of the Customs Act, 1962, on allegat...

High Court

Bombay High Court Quashes Release of Accused Under Section 169 CrPC in NDPS Case — Special Prosecutor Acted Without Investigating Officer's Consent. The court held that the investigating officer's consent is mandatory for an application under Section 169 CrPC, and the Special Prosecutor cannot independently decide to release accused when there is evidence of possession of psychotropic substances like Tramadol without license.

4 Mar 2019

The Union of India, through the Directorate of Revenue Intelligence (DRI), filed a writ petition challenging an order dated 29 October 2018 passed by ...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Goa Children's Act, 2003 as Premature. Petitioner Convicted for Kidnapping and Murder of Minor Cannot Challenge State Legislation When Appeal Against Conviction is Pending.

6 Oct 2018

The petitioner, Rohan Pradeep Dhungat, was convicted by the Goa Children's Court in Special Case No.28/2006 for offences including kidnapping for rans...

Supreme Court

Supreme Court Dismisses Recusal Plea in Habeas Corpus Challenge to Contempt Detention; Holds Embarrassment and Alleged Error Insufficient for Judicial Withdrawal. Non-compliance of court's directions in contempt proceedings led to detention under Articles 129 and 142, and the bench ruled that allegations of bias were unfounded and did not necessitate recusal.

1 Jan 1970

The Supreme Court was seized of a criminal writ petition filed by Subrata Roy Sahara challenging an order dated 04.03.2014 passed by the same bench in...

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