Search Results for "cognizance versus charge"

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Search Results for "cognizance versus charge"

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High Court

Bombay High Court Upholds Constitutional Validity of Section 21(3) MCOCA and Approval for Applying MCOCA Provisions in Organised Crime Case. Challenge to Section 21(3) of Maharashtra Control of Organised Crime Act, 1999 and approval dated 31-10-2004 under Section 23(1)(a) dismissed as not violative of Articles 14, 19, 21 of Constitution.

11 Mar 2005

The petitioners, Lalit Somdatta Nagpal and Anil Somdatta Nagpal, filed two criminal writ petitions challenging the constitutional validity of Section ...

High Court

High Court Quashes Prosecution Against Retired CEO in Corruption Case Due to Lack of Sanction Under Prevention of Corruption Act

17 Feb 2026

The High Court allowed a criminal revision application by Applicant, a retired public servant, quashing his prosecution under the Prevention of Corrup...

High Court

Bombay High Court Quashes Second FIR Registered on Complaint of Accused in Same Incident — Bar on Multiple FIRs for Same Offence Under Section 154 Cr.P.C. The court held that registration of a second FIR on same facts after charge sheet is filed is impermissible and amounts to abuse of process, and the Magistrate's order under Section 156(3) Cr.P.C. cannot be used to direct a fresh FIR.

17 Apr 2017

The applicants, who were accused in a suicide abetment case, filed a criminal application under Section 482 Cr.P.C. seeking quashing of a second FIR r...

High Court

Special Court at Bombay Delivers Judgment in Securities Fraud Case — Accused Face Charges Under IPC and Prevention of Corruption Act for Cheating, Forgery, and Criminal Conspiracy

1 Nov 2018

This criminal case arises from the 1992 securities scam, which severely impacted India's economy. The prosecution alleged that multiple accused person...

High Court

High Court of Bombay at Goa Allows Revision, Quashes Charge in SC/ST Act Case Due to Lack of Sanction Under Section 197 CrPC. Police Inspector Accused of Caste-Based Insult Cannot Be Prosecuted Without Prior Sanction as Acts Were in Discharge of Official Duty.

16 Nov 2006

The case involves a criminal revision application filed by the accused, a Police Inspector, against an order of the Special Judge, Panaji, dated 21.6....

High Court

Bombay High Court Allows Appeal in MCOCA Case Due to Lack of Sanction and Absence of Organized Crime Syndicate. Appellant discharged as prosecution failed to establish existence of a continuing unlawful activity and prior sanction under Section 23(2) of MCOC Act, 1999 was not obtained.

9 Dec 2021

The appellant, Prem Chunnilal Yadav, filed a criminal appeal under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act) chall...

High Court

High Court of Bombay at Nagpur Bench Sets Aside Sessions Court Order in Election Affidavit Non-Disclosure Case. Court Holds Mere Cognizance of Criminal Case Not Disclosure Requirement Under Section 33A(1) of Representation of the People Act, 1951; Upholds Dismissal of Complaint.

3 May 2018

The revision applicant, a politician and Chief Minister of Maharashtra, contested the 2014 State Legislative Assembly election from Nagpur South-West ...

High Court

Bombay High Court Dismisses Revisions in Forgery and Conspiracy Case — Discharge of Accused Upheld Due to Lack of Prima Facie Evidence. Allegations of Fabricated Documents and Insult to Religion Not Substantiated Against Accused Nos.3 to 5 Under Sections 193, 195, 465, 469, 34, 109, 120B IPC.

13 Aug 2010

The judgment pertains to two criminal revision applications arising from Criminal Complaint No.4 of 2002. The complainant, Riyazuddin Ahmed, filed a c...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Sections 504 and 506 Case Due to Abuse of Process of Law. High Court's dismissal of revision petition was set aside as it failed to consider abuse of process, and proceedings were quashed under inherent powers under Section 482 CrPC based on unfair investigation and dubious complainant credentials.

7 May 2021

The appeal arose from a criminal case where the appellant, a partner in a gas agency, was accused under Sections 504 and 506 of the Indian Penal Code,...

High Court

Bombay High Court Grants Bail to Accused in MCOC Act Case Due to Lack of Prima Facie Evidence of Organised Crime and Prolonged Incarceration. The court held that the prosecution failed to establish a prima facie case under Sections 3(1)(ii), 3(2), and 3(4) of the Maharashtra Control of Organised Crime Act, 1999, and that the applicant's continued detention would violate his right to speedy trial.

18 Apr 2024

The applicant, Sunil Ashok Kondugale, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) before the Bom...

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