criminal complaint Archives

Sanction required under Section 197 CrPC for criminal complaint against Police Officer: Punjab and Haryana HC

It was contended on part of the State that since the complaint was filed by the Court itself, no sanction under Section 197 of CrPC was required.

Supreme Court Judgments on discharge of accused

Case Briefs Supreme Court

Skipping to reconsider Minakshi Bala case, Supreme Court surveys judgments on discharge of accused to set aside vexatious prosecution

“The High Court should have intervened and discharged the appellants. But this Court will intervene, being the sentinel on the qui vive.”

Case Briefs High Courts

Dishonour of Cheque: Delhi High Court sets aside summon order due to lack of specific allegations against directors in the complaint

The Delhi High Court observed that the wanton arraignment of directors without reference to their role in relation to a transaction, or to the issuance or dishonour of a cheque by the company, requires to be deprecated and discouraged, since it amounts to abuse of the salutary process of criminal law.

Case Briefs High Courts

‘High-time to revisit S.126 of Representation of People Act’ ; Gauhati High Court dismisses proceedings against Assam CM for violating Model Code of Conduct

Gauhati High Court: Rumi Kumari Phookan J. dismissed the criminal proceedings against Chief Minister of Assam, Dr. Himanta Biswa Sarma for violating

Case Briefs High Courts

Jhar HC | A Newspaper reports about sexual assault incident along with sum and substance of FIR lodged with no disclosure of victim’s name. Will defamation provision under Ss. 500 or 501 IPC be applied on publisher, editor, etc.?

Jharkhand High Court: Ananda Sen, J., while addressing the instant matter with regard to the application of Section 228A of Penal Code,

Case Briefs High Courts

Telangana HC | Restating the law on permissibility of quashing of criminal proceedings, Court directs SHO to conduct investigation following S. 41-A CrPC

Telangana High Court: K. Lakshman, J., addressed an issue in the criminal petition in light of Section 41-A of the Criminal Procedure Code,

Op Eds OP. ED.

Restoration of Criminal Complaint by Magistrate: Aiding Justice by Amending Law

by Abhishek Goyal*

Case Briefs High Courts

Sikkim HC | A Magistrate is obligated to inquire into the case for finding sufficient grounds before summoning accused beyond his territorial jurisdiction

Sikkim High Court: Bhaskar Raj Pradhan, J., while exercising inherent powers under Section 482 CrPC quashed the criminal complaint filed against the petitioners

Case Briefs High Courts

Ori HC | High Court quashes charges under Mines and Minerals Act, directs trial court to proceed with criminal complaint under IPC

Orissa High Court: Dr Akshaya Kumar Mishra, J. quashed lower court proceedings partially and directed to proceed the matter under the Penal

Case Briefs Tribunals/Commissions/Regulatory Bodies

PMLA | Authorised officer under PMLA obligated to show that seized property has nexus with money laundering

Appellate Tribunal for SAFEMA, FEMA, PMLA, NDPS & PBPT Act: The Coram of Manmohan Singh, J. (Chairman) and G.C. Mishra (Member) allowed

Case Briefs High Courts

Criminal complaint filed under a confused state of mind can be quashed

Bombay High Court: Considering the reply filed by the second respondent in the present case, the Division Bench comprising of V. M