Search Results for "Cognizance of Offence"

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High Court of Karnataka Acquits Accused in Prison Offence Case Due to Lack of Sanction — Conviction Under Section 58 of Karnataka Prisons (Amendment) Act, 2022 Quashed as Prosecution Initiated Without Mandatory Previous Sanction Under Section 59 of the Act.

The petitioner, Shakuntala W/o Bhogappa Nayak Desai, was convicted by the V Additional Civil Judge and JMFC, Vijayapur in C.C. No. 9213/2022 for an of...

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Bombay High Court Quashes Process Against MSEDCL Employees in Assault Case for Lack of Sanction Under Section 197 CrPC. Employees Authorized to Detect Theft Under Electricity Act Are Public Servants Entitled to Protection.

The petitioners, employees of Maharashtra State Electricity Distribution Company Limited (MSEDCL) working as Junior Engineer and Linemen, challenged t...

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High Court of Karnataka Quashes FIR Against Government Officer in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Private Complaint Filed Without Prior Sanction for Prosecution of Public Servant is Not Maintainable.

The petitioner, Dr. Ashok V., a District Officer in the Backward Classes Welfare Department, challenged an order dated 07.12.2021 passed by the Princi...

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Bombay High Court Quashes FIR Under Maharashtra Money Lending (Regulation) Act, 2014 for Lack of Sanction. Section 42 of the Act Requires Authorization for Prosecution; Absence of Sanction Renders FIR Unlawful.

The applicants, accused in Crime No. 279/2018 registered at Police Station Dindrud, District Beed for an offence punishable under Section 39 of the Ma...

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Bombay High Court Quashes Criminal Proceedings Against Society Members in Wildlife Act Case — No Prior Sanction Obtained. Proceedings under Sections 9, 39, 44, 49B, 50, 51, 52 of the Wildlife (Protection) Act, 1972 and Section 482 CrPC quashed for lack of mandatory sanction under Section 55 of the Act.

The applicants, who were members of Sindhu Education Society, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) ch...

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High Court of Karnataka Quashes FIR in Mining Case Due to Lack of Authorized Complaint Under MMDR Act. Deputy Superintendent of Police, Lokayukta Not Authorized Under Section 22 of Mines and Minerals (Development and Regulation) Act, 1957 to Lodge Complaint.

The petitioners, three individuals aged between 70 and 80 years, residents of Waddalur village, Raichur, filed a criminal petition under Section 482 o...

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Bombay High Court Quashes Proceedings in Immoral Traffic Case Due to Lack of Sanction Under Section 13 of the Act. Applicant's Prosecution Under Sections 3, 4, 5 of the Immoral Traffic (Prevention) Act, 1956 Set Aside as Police Officer Not Specially Authorized.

The applicant, Greig Miranda, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of C.R.No.3 of 2...

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Bombay High Court Allows Impleadment of Proprietor in Cheque Dishonour Case Despite Limitation Bar. Section 319 CrPC Can Be Invoked After Cognizance to Add Accused Even if Direct Complaint Would Be Time-Barred.

The petitioner, Kamal Lakhotia, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against Rajesh Parekh (respondent no.1) a...