Search Results for "prima facie observation"

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Search Results for "prima facie observation"

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High Court

Bombay High Court Dismisses Revision Against Rejection of Discharge in Disproportionate Assets Case — Accused Family Members Must Face Trial for Abetment Under Section 109 IPC. The court held that the explanation regarding source of funds was unsatisfactory and a prima facie case existed under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.

6 Jun 2023

The case arises from a criminal revision application filed by Smt Chhaya Yuvaraj Dahiwal (accused No.1) and Mr Sourabh Yuvaraj Dahiwal (accused No.2) ...

High Court

Bombay High Court Hears Appeal Against Denial of Anticipatory Bail in SC/ST Act Case; Considers Applicability of Section 18A Bar. Court Notes That Prima Facie Offences Under Sections 3(1)(r) and 3(1)(s) Require Caste-Based Abuse in Public View, Which Appeared Lacking.

25 Apr 2019

The case involved a criminal appeal under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Indian Penal Code, st...

High Court

Bombay High Court Allows Appeals in MCOC Act Case Due to Lack of Sufficient Material and Non-Application of Mind in Granting Approval and Sanction. Appellants Discharged Under Section 227 CrPC as Material on Record Did Not Warrant Framing of Charge Under MCOC Act.

16 Jul 2014

The present appeals were filed by Sachin Bansilal Ghaiwal and Umesh Mohan Kirve, who were accused Nos. 3 and 9 respectively in a case registered under...

High Court

Bombay High Court Quashes Prior Approval Under MCOC Act Against Mother of Accused for Lack of Continuing Unlawful Activity — Pre-Arrest Bail Granted Despite Section 21(3) Embargo. The court held that a single act of purchasing a car after the crime does not constitute 'continuing unlawful activity' under Section 2(1)(d) of MCOC Act, and Section 21(3) does not bar constitutional remedy under Article 226.

28 Jun 2024

The petitioner, a woman, challenged the prior approval granted under Section 23(1)(a) of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Ac...

High Court

Karnataka High Court Quashes FIR in Matrimonial Dispute Under Section 498A IPC and Dowry Prohibition Act Due to Vague Allegations. Court Holds that Filing of General and Omnibus Allegations Against Husband and In-Laws Constitutes Abuse of Process of Law Under Section 482 Cr.P.C.

8 Jan 2026

The petitioners, husband and his family members (father, mother, brother), sought quashing of FIR registered at Basavanagudi Women Police Station, Ben...

High Court

High Court of Karnataka Dismisses Petitioners' Quash Petition in Cheating and Forgery Case — Prima Facie Case Exists for Alleged Fraudulent Sale of Mortgaged Properties Using Forged Documents. Investigation Reveals Allegations That Accused Used Special Power of Attorney to Sell Properties Without Owner’s Consent and Mortgaged to Bank, Making Out Offences Under Sections 417, 418, 420, 464, 465, 34 IPC.

25 Jun 2025

The case arises from a complaint dated 02.01.2023 by the 2nd respondent Ankamma Rao alleging that the petitioners, including Arjun Anjaneya Reddy and ...

High Court

Bombay High Court Allows State Appeal Against Discharge Under MCOC Act — Prima Facie Material Found Sufficient for Trial. The Court held that the Special Judge erred in allowing transfer under Section 11 MCOC Act without considering the prima facie material indicating organized crime.

29 Sep 2006

The State of Maharashtra appealed against the judgment and order dated 2nd September 2002 passed by the learned Special Judge, MCOC Act, Nashik in MCO...

High Court

High Court of Karnataka Dismisses Revision and Quash Petitions in Corruption Case Against RTO Officials. Prima Facie Case Exists Under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 Based on Trap and Recovery of Bribe.

13 Mar 2020

The judgment pertains to two connected petitions arising from Special Case No.35/2015 pending before the Principal District and Sessions Judge and Spe...

High Court

Karnataka High Court quashes criminal proceedings against an accused police constable in a rape and cheating case, finding that the relationship was consensual and no promise of marriage could be made to a married woman with three children. The court holds that the allegations do not constitute offences under Sections 376, 417, 323, 506 IPC and the proceedings amount to abuse of process.

25 Oct 2025

The petitioner, a police constable, sought quashing of criminal proceedings under Section 482 Cr.P.C. pending in S.C.No.1316/2023 for offences under S...

High Court

Karnataka High Court Quashes FIR in Partnership and Work Execution Dispute Holding It Essentially Civil. Criminal Proceedings for Cheating and Trespass Found to Be Abuse of Process; Dispute Purely Civil in Nature and Does Not Attract Sections 420, 448, 506, 34 IPC.

2 Jun 2023

The petitioners, accused in FIR No.154/2021, filed a writ petition under Articles 226 and 227 of the Constitution read with Section 482 CrPC seeking t...

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