-February 22, 2024
Head note: Prayer - Following Neeharika Infrastructure Pvt Ltd case – Conclusion: Crl.O.P dismissed.
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Head note: Prayer - Following Neeharika Infrastructure Pvt Ltd case – Conclusion: Crl.O.P dismissed.
Head notes: Factual aspects - Defamation complaint against the petitioner and the appellant seeking transfer - Appellant defamed the Gujarati people as ‘thugs’ - Petitioner withdrawn the offending statements - Respondent was not ready to quash the complaint - Normal rule is prosecution for defamation cannot be quashed on the ground that the offending allegations were withdrawn - Case quashed.
Head note: Registration of fir - Factual aspects - Case of prosecution - Physical relationship promising marriage and pregnancy - Case of the appellant: Appellant and respondent got married - Consideration of submissions - Compromise failed though deposit of rs. 10 lakh rupees made by appellant - Proposition of law on physical relationship based on misconception: Consent of women based…
Appeal - Facts - Findings - Complaint signatory’s parentage and address was not mentioned in the complaint - Summoning order does not show application of mind and no reasons assigned - Complainant concealed material facts - New story of forging documents built up in complaint - Case is between simple transaction of loan between corporates.
Head note: Prayer - representation - judgments concerning delay in considering representation - quashed based on delay
Head note: Apex Court – Discharge petition u/s 227 Cr.P.C has been filed by the accused for section 14A(1) SC/ST Act - IPC offences were also added in the FIR – Apex court after perusing the records has held that there is no offence traceable for SC/ST or offence for ten years under IPC – Hence, SC/ST charge quashed and…
FACTS 2. The Appellant before this Court is a registered medical practitioner who is presently working as an Associate Professor and the Head of Dermatology Department, in the Government Omandurar Medical College, Chennai. In the past, she has held the post of Assistant Professor and Civil Surgeon at Royapettah Medical College. It is permissible for […]
Present appeal facts 2. The present appeal, by special leave, questions the judgment and order dated 23rd May, 2022 passed by a learned Single Judge of the High Court of Judicature at Allahabad (“High Court”, hereafter) dismissing an application under section 482 of the Code of Criminal Procedure, 19731 (“Cr. PC”, hereafter) instituted by the […]
1. The petitioners have sought the quashing of FIR 43 of 2023 registered against them at PS Thirunindravur for alleged offences punishable under Sections 153A, 505(1) and 505(2) of the Indian Penal Code 1860. 2. The FIR arises out of a report carried in Opindia.com of which the first petitioner is the Editor pertaining to […]
5. We find that the High Court has examined the entire issue as to whether the offence under Sections 420 and 120-B is made out or not at pre trial stage. The respondents are beneficiary of the grant of cash credit limit when their father was the President of the Bank. The power under Section […]
Double Jeopardy and Same Offence – Explained.
9. As observed earlier, there is serious doubt whether PW1 and PW2 had really seen the appellant assaulting the…
We must record here that the High Court has disbelieved the prosecution’s case about the existence of motive. The…
Head note: Prayer - representation - judgments concerning delay in considering representation - quashed based on delay
But her statement cannot be relied upon in view of the fact that there is no evidence to suggest…
Head note: Challenge – Facts - The appellant and complainant were in relationship against their parents wish - Father…
Head note: Apex Court - Thus, an order rejecting prayer for bail does not disempower the Court from considering…
MAGISTRATE CANNOT RECORD THE STATEMENT OF PROSECUTRIX WITHOUT PRODUCED BY THE POLICE: 7. In view of the above, it…
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