WRIT PETITION NO. 430 OF 2025
9 May 2025...
Search Results for "cognizable offense"
37 result(s) found
Found 37 result(s)
Supreme Court
Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution
17 Mar 2025Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...
- 881
High Court
Bombay High Court Dismisses Anticipatory Bail Application in GST Impersonation Case — Custodial Interrogation Held Necessary for Serious Economic Offence. The court held that the nature and gravity of the offence, the modus operandi, and the need for custodial interrogation outweigh the applicant's right to anticipatory bail, and the police must comply with Sections 41 and 41A CrPC but arrest is essential in such cases.
25 Sep 2024The applicant, Anand Sukhlal Pardeshi, filed an anticipatory bail application under Section 438 CrPC in Crime No. 02 of 2024 registered at Azadnagar P...
- 571
High Court
Bombay High Court Quashes FIR in Cyber Stalking Case: E-mails Lacking Sexual Content Do Not Attract Section 67 of IT Act or Sections 354, 509, 506 IPC. Court holds that vulgar language without lascivious intent or threat of injury does not constitute obscenity or criminal intimidation.
21 Aug 2024The Petitioner, Joseph Paul de Sousa, sought quashing of FIR No. 30 of 2009 registered with the Cyber Cell, Mumbai, for offenses under Sections 354, 5...
- 681
High Court
High Court of Karnataka Allows Writ Petition Seeking Mandamus for Registration of FIR in Assault Case. Police Duty to Register FIR for Cognizable Offence Under Section 154 CrPC Upheld Following Lalitha Kumari v. State of U.P.
20 Jul 2023The petitioner, Vittal, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi B...
- 115
Supreme Court
Supreme Court Acquits Accused in Murder Case Due to Unreliable Evidence and Contradictions in Prosecution Version. Conviction Under Sections 148, 302/149 and 324/149 Indian Penal Code, 1860 Set Aside as Dying Declaration Was Unreliable and Witness Testimony Contradictory.
12 Jan 2023The Supreme Court considered an appeal challenging the conviction and life imprisonment sentence imposed on the appellants for murder under Sections 1...
- 206
Supreme Court
Supreme Court Quashes Criminal Proceedings Against Accused in IPC Cheating and Criminal Breach of Trust Case Due to Civil Nature of Dispute and Forum Shopping. The Court held that allegations of belated share allotment and failure to launch an IPO constituted a commercial dispute without dishonest intention at inception, and filing multiple complaints on same cause of action amounted to abuse of process under Sections 420, 406, 120B IPC and Section 482 CrPC.
22 Mar 2022The appeal arose from a judgment of the High Court of Calcutta dismissing a petition to quash criminal proceedings under Sections 420, 406, and 120B o...
- 619
High Court
Bombay High Court Quashes FIR in Protest Demonstration Case Due to Lack of Sanction Under Section 195 CrPC. Offences under Section 188 IPC and Section 135 Maharashtra Police Act cannot be prosecuted without a complaint by the public servant concerned.
14 Dec 2021The applicant, Pankaj s/o Dhyaneshwar Nighot, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing...
- 16
High Court
Bombay High Court Dismisses Application for Police Investigation Under Section 156(3) CrPC in Threat Email Case — Magistrate's Refusal Upheld as No Cognizable Offense Disclosed.
4 Mar 2021The applicant, Mukund Balvirsingh Thakur, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the Bom...
Supreme Court
Supreme Court Reviews Its Own Guidelines on Arrest and Anticipatory Bail Under SC/ST Act. Directions Requiring Preliminary Enquiry and Approval for Arrest Quashed as Legislative Overreach, but Anticipatory Bail Direction Upheld.
1 Oct 2019The Union of India filed a review petition against the Supreme Court's judgment dated 20.3.2018 in Criminal Appeal No.416 of 2018, which had issued gu...
- 368
