criminal prosecution
Explained | SCOTUS Dissent on Absolute Immunity for former US President Donald Trump from criminal prosecution
For the first time in US history, a former President, in this case Donald Trump, had been indicted by a federal grand jury for conduct that occurred during his Presidency following November 2020 Presidential Elections. The indictment alleged that after losing that election, Trump conspired to overturn it by spreading knowingly false claims of election fraud.
Quashing criminal prosecution by obtaining apology letter for violence inside college campus by teachers is not in interest of justice: Madras HC
“When the specific overt act attracting prosecution for criminal offence been made out by the prosecution, if at all the accused wants to plead guilty, it should be done in the manner known to law under Section 482 of CrPC”
“Solemn duty to protect innocent persons”; Madhya Pradesh High Court issues directions to prevent criminalization of civil disputes
The Court took note of the growing tendency amongst the people to convert civil disputes into criminal prosecution so that accused may succumb to the wrath of procedure involved in the criminal cases and settle the matter which otherwise is the domain of Civil Courts.
Know Thy Judge | Justice Hrishikesh Roy
Justice Hrishikesh Roy is known for his notable contributions to the causes of alternative dispute settlement and legal aid. We have curated some of his important High Court and Supreme Court decisions.
2022 SCC Vol. 10 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 14(1)(a) and 2(1)(e) r/w Ss. 11(5) and 11(6) — Application seeking termination of
Teacher administering moderate and reasonable force to enforce discipline in classroom, can be exposed to criminal prosecution? Kerala HC answers
Kerala High Court: While explaining that inflicting corporal punishment on a Child by a parent or teacher is forbidden, Dr Kauser Edappagath,
Ori HC | Provisions under Criminal Procedure Code shall have an overriding effect and shall prevail notwithstanding any provision in Pension Rules framed by State Government
Arunima Bose, Editorial Assistant has put this story together
All HC | Cognizance taken in a criminal case after taking extraneous material into consideration, is against the law and not sustainable
Allahabad High Court: Om Prakash-VII, J. allowed the application filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing
Del HC | Acquittal of rape accused upheld on finding that the real intent behind criminal proceedings was to force him to marry prosecutrix
Delhi High Court: A Division Bench of Manmohan and Sangita Dhingra Sehgal, JJ. dismissed of an appeal filed against the judgment of the
Pat HC | Prosecution based on statement of co-accused not substantiated by evidence, would amount to abuse of process of Court
Patna High Court: Birendra Kumar, J. allowed the application to quash the proceedings against the petitioner as it was an abuse of
Pat HC | Duty of Judicial Magistrate to apply his mind before criminal prosecution is initiated reiterated
Patna High Court: Birendra Kumar, J. allowed the application to quash criminal proceedings against the petitioner as the whole criminal prosecution against
Jhar HC | S. 2 of Forest (Conservation) Act, 1980 not a penal provision – conviction thereunder not sustainable in law
Jharkhand High Court: Anil Kumar Choudhary, J. disposed of a revision petition, filed against the judgment of the trial court, whereby the
Gau HC | Criminal prosecution can’t be permitted to continue on whims and pleasures of litigants, criminal case based on likelihood of suspicion quashed
Gauhati High Court: Reiterating that mere likelihood of suspicion cannot be a reason to charge someone for an offence, Rumi Kumari Phukan, J.
HP HC | Court gives consideration to retirement and age, abstains from ordering criminal prosecution
Himachal Pradesh High Court: The Bench of Tarlok Singh Chauhan, J. dismissed a petition being devoid of merit and also finding a