Search Results for "Predicate Offence"

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Search Results for "Predicate Offence"

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High Court

Bombay High Court Grants Bail to Accused No.2 in MCOC Act Case Due to Lack of Predicate Offences and Long Incarceration. Dichotomy in Complainant's Statements and Non-Recovery of Weapon Weaken Prosecution Case.

16 Dec 2024

The applicant, Gopal Radheshyam Yadav, arraigned as Accused No.2 in Crime No.I-131 of 2018 registered at Tilak Nagar Police Station, Dombivli, sought ...

High Court

High Court of Judicature at Bombay quashes FIR in Immoral Traffic Prevention Act case due to illegal search by unauthorised police officer; upholds similar FIR where search conducted by Special Police Officer. Search without warrant under Section 15 of the Immoral Traffic Prevention Act, 1956 must be by Special Police Officer or Trafficking Police Officer; Assistant Police Inspector not authorised.

15 Oct 2016

Two writ petitions were filed under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking quashing...

High Court

Bombay High Court Quashes Sanction Order Under MCOC Act for Lack of Satisfaction Regarding Organized Crime Syndicate. Sanction under Section 23(2) of Maharashtra Control of Organised Crime Act, 1999 set aside as the sanctioning authority failed to record satisfaction about existence of 'organized crime syndicate' as defined under Section 2(f) of the Act.

16 Dec 2021

The petitioner, Abhishek Singh, challenged the sanction order dated 05.11.2020 passed by the Additional Director General of Police and Commissioner of...

High Court

Bombay High Court Quashes Provisional Attachment Order in PMLA Case for Lack of Scheduled Offence. Attachment of properties under Section 5(1) of Prevention of Money Laundering Act, 2002 set aside as predicate offence was not a scheduled offence under PMLA.

23 Aug 2021

The petitioners, Sunlight Housing Development Pvt. Ltd., Mukesh Doshi, Kaushal Doshi, and Mack Star Marketing Pvt. Ltd., filed writ petitions challeng...

High Court

High Court of Karnataka Quashes PMLA Proceedings Against MLA for Lack of Scheduled Offence — ECIR Initiation Without Predicate Offence Invalid. The court held that the predicate offence must be a scheduled offence under the PMLA for the ED to have jurisdiction, and quashed the ECIR and summons under Section 50 PMLA.

7 Mar 2025

The petitioner, a sitting Member of the Legislative Assembly, filed a criminal petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2...

Supreme Court

Supreme Court Upholds Conviction of Accused in Murder Case Under Section 302 IPC Despite Omission of Section 34 in Charge; Common Intention Established from Joint Attack and Preconcert. Conviction Under Section 302/34 Permissible When Accused Had Notice of Collective Liability and No Prejudice Shown.

14 Apr 1958

The Supreme Court of India adjudicated a criminal appeal arising from the conviction of three appellants under Section 302 of the Indian Penal Code, 1...

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

Bombay High Court Upholds Legality of Search by Inspector In-Charge of Police Station Under Immoral Traffic Prevention Act. Court Rejects Challenge to Search in Second Writ Petition, Finding Senior Inspector as Special Police Officer Under Notification Dated 14 March 2005; Notes Unauthorised Search by Assistant Police Inspector in First Petition.

15 Oct 2016

The Bombay High Court heard two writ petitions filed under Article 226 of the Constitution and Section 482 of the Code of Criminal Procedure, 1973, se...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Single Robbery Incident — Preventive Detention Not Warranted When Ordinary Criminal Law is Sufficient. The court held that a solitary incident of robbery simplicitor cannot form the basis for branding a person as a 'dangerous person' under Section 3 of the MPDA Act, 1981, and the detention order was passed mechanically without application of mind.

19 Jun 2018

The petitioner, Sagar @ Lalu Bhoju Rathod, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offen...

High Court

Bombay High Court Quashes Detention Order in MCOCA Case for Non-Application of Mind — Failure to Consider Petitioner's Acquittal in Predicate Offence Renders Subjective Satisfaction Invalid. The court held that the detaining authority must consider all relevant material, including acquittal in the predicate offence, before forming subjective satisfaction under MCOCA.

20 Jul 2026

The petitioner, Suraj @ Nagesh Shivaji Mahanoor, filed a writ petition before the Bombay High Court (Circuit Bench at Kolhapur) seeking to quash and s...

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