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Bombay High Court Allows Appeal Under Section 378(4) CrPC in Section 138 NI Act Case - Appeal Against Acquittal in Private Complaint Lies Under Section 378(4) CrPC, Not Proviso to Section 372 CrPC

The case involved a reference to a larger bench to resolve a conflict regarding the maintainability of an appeal against acquittal in a prosecution un...

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Bombay High Court Allows Victim's Appeal Against Acquittal Under Proviso to Section 372 CrPC — Condonation of Delay Granted. The court held that the victim's right to appeal is independent and delay can be condoned if sufficient cause is shown.

The petitioner, Parbhani District Central Bank Ltd., through its Assistant Manager Digambar s/o Madanrao Parve, filed a criminal writ petition challen...

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Bombay High Court Quashes FIR Against Doctor in Assault Case Due to Lack of Prima Facie Evidence and Malafide Intent. Allegations of Assault on Advocate During Court Proceedings Found Baseless as Incident Occurred Outside Court Premises and Complainant Was Not on Official Duty.

The applicant, Dr. Sanjay Andhare, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.60/2015 ...

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Bombay High Court Quashes FIR Against Doctor in Assault Case Due to Lack of Prima Facie Evidence and Malafide Intent. Allegations of Assault on Advocate During Court Proceedings Found Baseless as Complainant Was Not a Public Servant Under Section 353 IPC.

The applicant, Dr. Sanjay Andhare, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.60/2015 ...

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Bombay High Court Allows Appeal Against Dismissal of Private Complaint in Default, Restores Complaint for Trial on Merits. The court held that dismissal of a private complaint in default amounts to acquittal, and the Magistrate must hear the complainant before dismissing the complaint.

The appellant, Sitaram Dhanad, filed a private complaint before the Judicial Magistrate, First Class, Gangapur, alleging that on 1.8.2009, the respond...

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Bombay High Court Upholds Acquittal in Corruption Case Due to Unreliable Complainant and Lack of Corroboration — Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt.

The State of Maharashtra appealed against the acquittal of Narendra Pralhadrao Mahajan, a Junior Clerk in the Court of 3rd Joint Judicial Magistrate, ...

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Bombay High Court Dismisses Compensation Claim for Alleged Illegal Detention by Police Officers. False Case Under Bombay Police Act Resulted in Discharge, but Court Found No Malafide Intent or Violation of Fundamental Rights.

The petitioner, Miss Veena Sippy, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, alleging...