Search Results for "distinct offences"

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Search Results for "distinct offences"

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High Court

High Court of Karnataka Quashes PMLA Complaint Against Accused in Sand Mining Case — No Scheduled Offence Established as Predicate Offence Was Not Committed. The court held that without a valid predicate offence under the MMDR Act, the PMLA proceedings cannot be sustained, and quashed the ECIR and complaint.

7 Jul 2026

The judgment pertains to a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) (read with Section 528 of the Bhar...

High Court

High Court of Karnataka Quashes FIR Against Accused in CBI Case for Lack of Sanction Under Section 197 CrPC and Section 19 of Prevention of Corruption Act. Criminal proceedings quashed as petitioner was a public servant entitled to protection under Section 197 CrPC and Section 19 of PC Act, and no valid sanction was obtained.

15 Apr 2024

The petitioner, Vijayraj Surana, was accused No.4 in FIR RC0782020E005 dated 08.09.2020 registered by the CBI for offences under Sections 120B, 420, 4...

High Court

High Court of Karnataka Quashes Externment Order Against Petitioner in Police Act Case — Failure to Consider Less Restrictive Measures. Order under Section 55 of Karnataka Police Act, 1963 set aside as authority did not consider whether proceedings under Section 107 of CrPC would suffice.

21 Mar 2023

The petitioner, a resident of Kunigal Taluk, challenged an externment order dated 15-12-2022 passed by the Assistant Commissioner and Sub Divisional M...

Supreme Court

Supreme Court Quashes Externment Order Under Maharashtra Police Act, 1951 Due to Lack of Reasonableness and Stale Offences. The order was found to infringe the fundamental right under Article 19(1)(d) as it relied on offences from 2013 and 2018 without a live link and general confidential statements, failing the test of reasonableness under Section 56(1)(a)(b).

28 Jan 2022

The dispute involved an appellant challenging an externment order passed under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, which directed...

Supreme Court

Supreme Court Upholds Conviction of Accused in SC & ST Act and IPC Rape Case Involving Blind Scheduled Caste Victim. The Court affirmed that the offence under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was committed 'on the ground' of caste due to the victim's vulnerability from blindness and Scheduled Caste status, and the rape under Section 376(1) of the Indian Penal Code, 1860 was proven beyond reasonable doubt.

27 Apr 2021

The appeal arose from a judgment of the High Court of Andhra Pradesh dated 3 August 2019, which affirmed the conviction of the appellant for offences ...

Supreme Court

Supreme Court Dismisses Appeal Against Prosecution for Illegal Sand Mining Under IPC and Mines Act. Police Investigation Not Barred by Section 22 of MMDR Act as Theft Under IPC is a Distinct Offence.

4 Oct 2019

The Supreme Court dismissed an appeal by Kanwar Pal Singh, a director of M/s Kanwar Enterprises Pvt. Ltd., challenging his prosecution for illegal san...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Settlement Between Parties — Compromise Reached Under Section 138 of Negotiable Instruments Act, 1881

6 Apr 2018

The petitioners filed a criminal writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal P...

High Court

Bombay High Court at Goa Quashes Charge of Abetment to Suicide and Murder Against Accused in Absence of Prima Facie Evidence of Instigation or Intent. Court holds that mere relationship disapproval and prior disputes do not constitute abetment under Section 306 IPC or murder under Section 302 IPC without direct evidence of instigation or common intention.

25 Apr 2016

The petitioner, Santosh Kudtarkar, was originally accused no. 6 in Session Case No. 13 of 2015 before the Additional Sessions Judge, Mapusa, Goa. The ...

High Court

Bombay High Court Quashes Second FIR in Corruption Case Due to Bar on Multiple FIRs for Same Offence. The court held that a second FIR for the same offence is an abuse of process and liable to be quashed under Section 482 CrPC.

29 Jun 2015

The applicant, Bhaskar Pandurang Walimbe, a government officer on deputation as Additional Tribal Commissioner, Amravati, was implicated in a corrupti...

High Court

High Court of Bombay Quashes Sanction Order in Disproportionate Assets Case Against IRS Officer — Sanctioning Authority Failed to Apply Independent Mind and Relied on CBI Report Without Proper Application of Mind.

29 Oct 2013

The petitioner, Vivek Batra, an Indian Revenue Service officer, challenged the sanction order dated 09.10.2012 granted by the Union of India for his p...

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