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Search Results for "quash FIR"

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High Court

Bombay High Court Quashes PMLA Proceedings Against Accused in Seva Bank Loan Fraud Case — Lack of Scheduled Offence and Non-Application of Mind in ECIR Registration. The court held that the ECIR was registered solely on the basis of FIR No.163/2018 involving Section 420 IPC, but the subsequent FIRs (525/2021, 526/2021, 527/2021) which included other scheduled offences were not considered, and the proceeds of crime were not properly identified, rendering the PMLA proceedings unsustainable.

29 Aug 2024

The judgment concerns multiple writ petitions filed by individuals accused in connection with alleged loan fraud involving Seva Vikas Co-operative Ban...

High Court

Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

10 Apr 2024

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

Supreme Court

Supreme Court Dismisses Petition Challenging Bail Cancellation in NDPS Act Case Due to Narco-Terrorism Links. Transfer of Investigation to NIA and Framing of Charges Under UAPA Justify Custodial Interrogation for Thorough Investigation.

1 Jan 2024

The Supreme Court dismissed the Special Leave Petition and Writ Petition filed by Ankush Vipan Kapoor, challenging the cancellation of his bail by the...

High Court

Bombay High Court Quashes FIR Against Former Intelligence Commissioner in Leak Case — Lack of Sanction and Limitation Bar. Court holds that prosecution under Official Secrets Act and other statutes requires prior sanction under Section 197 CrPC and Section 170 of Maharashtra Police Act, and is barred by limitation under Section 468 CrPC.

15 Dec 2021

The petitioner, Rashmi Uday Shukla, was the Commissioner of the State Intelligence Department, Maharashtra. On 26 March 2021, an FIR was registered at...

Supreme Court

Supreme Court Reverses High Court's Quashing of FIR in Disproportionate Assets Case Under Prevention of Corruption Act, 1988. The Court Held That a Preliminary Inquiry Is Not Mandatory Before FIR Registration and the FIR Should Not Be Quashed as It Discloses a Cognizable Offence Based on Source Information.

8 Oct 2021

The appeal arose from a judgment of the Telangana High Court dated 11 February 2020, which allowed a writ petition filed by the respondents under Arti...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

Supreme Court

Supreme Court Grants Bail to Editor-in-Chief in Abetment to Suicide Case — High Court Erred in Declining Bail Without Prima Facie Evaluation of FIR. Non-Payment of Dues Alone Does Not Constitute Abetment to Suicide Under Section 306 IPC.

27 Nov 2020

The appellant, Arnab Manoranjan Goswami, Editor-in-Chief of Republic TV, was arrested on 4 November 2020 in connection with FIR No. 59 of 2018 registe...

Supreme Court

Supreme Court Grants Interim Protection to Journalist in Multiple FIR Case Based on News Broadcasts. Court Transfers One FIR for Investigation, Stays Other Proceedings, and Emphasizes Balance Between Freedom of Speech and Criminal Process Under Article 19(1)(a) and Article 32 of the Constitution.

19 May 2020

The dispute arose from two news broadcasts by the petitioner, a journalist and editor-in-chief of Republic TV and R Bharat, on 16 April 2020 and 21 Ap...

High Court

Bombay High Court Quashes Second FIR in Criminal Breach of Trust Case — Successive FIRs on Same Transaction Barred. Second FIR for Offences Under Section 409 IPC Read With Section 34 IPC Quashed as It Pertained to Same Incident as Earlier FIR, Violating Prohibition Against Multiple FIRs on Same Cause of Action.

21 Mar 2017

The applicants, Lalasaheb Rajesaheb Shaikh and Tabbsumbi Ismile Shaikh, filed a criminal application under Section 482 of the Code of Criminal Procedu...

High Court

Bombay High Court Quashes FIR Against 37 Accused in SC/ST Act Case Due to Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

30 Nov -0001

The judgment pertains to a criminal application filed by 37 accused persons seeking quashing of FIR No. 86/2016 registered at Police Station Pimpalgao...

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