criminal proceedings
Section 174A IPC is an independent and substantive offence that can continue despite extinguishment of proclamation under Section 82 CrPC: Supreme Court
Supreme Court answered in affirmative that if the status under Section 82 CrPC is nullified i.e., the person subjected to such a proclamation, by virtue of subsequent developments is no longer required to be presented before a Court of law. Then, the prosecution still proceeds against such a person for having not appeared before a Court during the time that the process was in effect.
Supreme Court quashes abetment of suicide charges against husband and in-laws, citing lack of prima facie evidence of intent to instigate the deceased
“There must be a close proximity between the positive act of instigation by the accused person and the commission of suicide by the victim.”
‘Cases of this nature where provisions are grossly misused, genuine complaints goes into oblivion’; Jharkhand HC quashes criminal proceedings against man accused under SC/ST Act
In the present case, the petitioner has helped one lady against the allegation of incumbent sitting Chief Minister, which clearly suggests that maliciously the case was registered against the petitioner and the investigation was also made with pre-occupied mind.
Karnataka High Court quashes criminal proceedings against persons accused of shouting ‘Jai Shri Ram’ inside a mosque
The Court said that it is not understandable that how if someone shouts ‘Jai Sriram’ it would outrage the religious feeling of any class especially when the complainant himself states that Hindu — Muslims are living in harmony in the area the incident by no stretch of imagination can result in antimony.
When SC intervened to rescue parties trapped in criminal proceedings provoked by a Father-son property dispute
It was observed that the Complaint/FIR was replete with just one theme i.e. that the appellants are threatening the respondents that they will deny them share in the property. The Complaint/FIR was intended only to further their interest in the civil dispute.
‘Proceedings are counterblast and were initiated with motive for wreaking vengeance’, Allahabad HC quashes criminal proceedings against woman who filed FIR against husband and his relatives
“The nature of abusive language is not specific. Applicant 1 was naturally at the house, and there was no evidence of intent. Therefore, ingredients of Section 503 IPC as punishable under Section 506 IPC are not made out.”
Never Reported Judgment| Mere clause in compromise deed to drop criminal proceedings between parties will not necessarily render compromise unlawful [(1953) 1 SCC 249]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on unlawful consideration.
Supreme Court stays criminal proceedings against Karnataka CM Siddaramaiah for organising protest over Contractor’s suicide
Supreme Court also stayed proceedings against Karnataka Ministers Ramalinga Reddy, MB Patil, and Congress leader Randeep Singh Surjewala over the protest in 2022.
Read why Madras HC refused to quash hate speech case against BJP State President K. Annamalai
This is another case which serves as a reminder to those in positions of power and influence whose words and deeds have a wider reach and impact on the citizenry of this country.
Delhi HC refuses to mandate criminal courts to issue notice to complainant/victim at pre-trial stage, says ‘such direction likely to work against objective of expeditious trials’
“The petitioner’s suggestion that it should be made mandatory for the Criminal Court to issue a notice to the complainant/victim at every stage of the pre-trial and trial in criminal proceedings, if accepted would act as ‘a treatment worse than the disease’.”
Know why Bombay High Court quashed charges against wife who allegedly assaulted husband with broom, bit his hand
Bombay High Court was of the view that “continuation of criminal proceedings against the petitioner would be tantamount to abuse of process of law.”
Can acquittal in criminal proceedings entitle delinquent employee for automatic discharge in departmental proceedings? Supreme Court answers
“Departmental proceedings pending criminal trial would not warrant an automatic stay unless, a complicated question of law is involved. Also, acquittal in a criminal case ipso facto would not be tantamount to closure or culmination of proceedings in favour of a delinquent employee”
‘False promises made, huge scam committed’; Gujarat HC refuses to quash criminal proceedings against Mehul Choksi and Gitanjali Group Director
“Mehul Choksi left the country long ago and he did not cooperate with any prosecution, though various complaints are filed against Gitanjali Gems as well as in his individual capacity. He has no respect towards the process of law”.
Karnataka HC sets aside bail order on ground of denying informant the right to participate in proceedings
The High Court also issued directions for effective implementation of POCSO Act and amendments introduced in the CrPC in 2018 vis-à-vis notifying the informants or victims about filing of regular and anticipatory bail applications and other connected issues.
Karnataka HC quashes criminal proceedings against 2 persons accused of drawing pro-hijab graffiti on walls of a government school
The Court quashed the proceedings on the ground that the district wherein the school was situated, does not come under the ambit of Karnataka Open Places (Prevention of Disfigurement) Act, 1981.
COVID Protocol Violation Case | Punjab and Haryana High Court quashes FIR against Sukhbir Singh Badal
Punjab and Haryana High Court supported Sukhbir Singh Badal's claim of case being bereft of substance after joint reference to all the sections in the FIR.
Criminal Proceedings against victim must be initiated in cases of false FIRs filed under POCSO and SC/ST Act: Allahabad High Court
It is very unfortunate that now a days, in maximum cases the women are using false rape FIRs as a weapon just to grab money from State, which should be stopped.
Read why Madras HC refused to quash criminal proceedings against actor and politician S.Ve Shekher for forwarding derogatory and vulgar comment against women journalists
We are now suffering from a virtual information diarrhoea where everyone is bombarded with messages. Hence, what is exchanged as a message on social media can have a very big influence within a short time. That is the reason as to why a person must exercise social responsibility while creating or forwarding a message.
Whether victim’s right to be heard includes the obligation to be impleaded as a party in criminal proceedings; Delhi High Court answers
The Delhi High Court holds that there is no requirement in law to implead the victim to any criminal proceedings, whether instituted by the State or by the accused. The Court further directed the Registry to ensure that anonymity of the victims is strictly maintained.