J&K and Ladakh HC | Can FIR containing allegations which set police in motion, be quashed at threshold stage? HC answers
Jammu & Kashmir and Ladakh High Court: Ali Mohammad Magrey, J., held that FIR under Section 482 of CrPC cannot be quashed
section 482 crpc
All HC | Onus of proving ingredients under the First Exception, S. 499 IPC is on the accused; Defence being a question of fact cannot be claimed at the stage of issuance of summons
Allahabad High Court: Yogendra Kumar Srivastava, J. dismissed the petition and declined to entertain the present application in exercise of its inherent
All HC | Can factum of disputed service of notice in S. 138 NI Act case be adjudicated under S. 482 CrPC? HC elaborates
Allahabad High Court: Vivek Varma, J., held that factum of disputed service of notice requires adjudication on the basis of evidence and
“No coercive measures to be taken”| Can High Courts pass such blanket orders while refusing to quash investigation? Here’s the law laid down by the Supreme Court
“Granting of such blanket order would not only adversely affect the investigation but would have far reaching implications for maintaining the Rule of Law.”
Bom HC | Can administrator of WhatsApp group be held criminally liable for objectionable posts of a group member? HC answers
Bombay High Court: The Division Bench of Z.A. Haq and Amit B. Borkar, JJ., while addressing the matter, observed that: In the
Manipur HC| Civil or Criminal? – Lower Courts must first discover the basic nature of the dispute
“When the dispute in question is discovered to be predominantly of civil nature then an attempt to make it criminal offence should be thwarted and discouraged.”
Del HC | Vicarious liability under S. 138 NI Act. What is proper stage of raising defence of absence of knowledge by the accused being held vicariously liable for offence committed by company? Explained
Delhi High Court: Rajnish Bhatnagar, J., held that: “Once a cheque is issued by a person, it must be honored and if
Del HC | Offences like rape & forgery having a bearing on vital societal interest cannot be construed to be merely private or civil disputes
Delhi High Court: Subramonium Prasad, J., with regard to the settlement of disputes stated that: “In crimes which seriously endangers the well
Del HC | Offences under S. 377 IPC & S. 4 POCSO Act committed on a child aged 7 years, father of victim sought quashing of FIR: Will HC quash the FIR? Read to know
Delhi High Court: Subramonium Prasad, J., in regard to quashing of FIRs expressed that: “High Court cannot mechanically quash FIRs for non-compoundable
All HC | Woman commits suicide after various cases against her, being subjected to harassment at matrimonial home. Can a case of abetment of suicide be established? HC discusses
Allahabad High Court: Dinesh Kumar Singh-I, J., while discussing abetment of suicide, stated that: “…if some act either of omission or commission
All HC | “If a Judge makes a mistake, then from where will the general public get fair justice”; HC warns Judicial Magistrate to remain careful while passing Judicial Orders
Allahabad High Court: Manju Rani Chauhan, J., expressed that: “At the present time, only from the temple of justice like Courts, everyone
HP HC | Inherent powers under S. 482 CrPC is not inhibited by S. 320 CrPC and FIR as well as criminal proceedings can be quashed by exercising the same; HC reiterates
Himachal Pradesh High Court: Vivek Singh Thakur, J., while exercising powers under Section 482 CrPC, allows the present petition, stating, “… power
Madras HC | When in circumstances registration of case is itself an abuse of process of law, Court can exercise inherent powers
Madras High Court: R. Pongiappan, J., addressed the Criminal Original Petition seeking to quash the First Information Report of first respondent police as
Gau HC | If a woman is divorced, will her status as a wife entitling her to maintenance under S. 125 CrPC change? Read HC’s position
Gauhati High Court: Soumitra Saikia, J., observed that “..a valid decree of divorce by itself is no ground to deny the maintenance to
P&H HC | Under S. 499 IPC, is it only the ‘family members’ or ‘near relatives’ of deceased person, against whom imputations have been made, can claim to be ‘persons aggrieved’? Court explains
Punjab and Haryana High Court: Sanjay Kumar, J., quashed the proceedings under Section 499 IPC against the petitioner holding that the complainant was
Del HC | Is it necessary for trial and inquiry for an offence to take place only where the occurrence would have taken place? Law in regard to ‘Jurisdiction’ explained
Delhi High Court: Suresh Kumar Kait, J., addressed a matter involving the determination of jurisdiction with regard to the occurrence of a
All HC | While exercising inherent jurisdiction under S. 482 CrPC, can High Court make any comment on factual matrix of the case? Court answers
Allahabad High Court: Ram Krishna Gautam, J., held that as per Section 482 Criminal Procedure Code, 1973, while exercising the inherent jurisdiction, High
Kar HC | Whether Magistrate is required to give elaborate reasons for taking cognizance and summoning the accused in view of report under S. 173 CrPC? Legal position discussed
Karnataka High Court: Michael Cunha J., dismissed the writ petition being found that the criminal action was rightly initiated against the petitioner.
HP HC | Legislative intent of NI Act, 1881 is not to send the people to suffer incarceration but to execute recovery of cheque amount by showing teeth of penalty loss; conviction set aside
Himachal Pradesh High Court: Anoop Chitkara, J., setting aside the conviction against the petitioner, discussed the effect of compromise between the parties
Megh HC | “Facebook post sought to create a divide to cordial relationship between tribal & non-tribal living in Meghalaya”; Criminal Case against journalist refused to be quashed over Facebook post
Meghalaya High Court: W. Diengdoh, J., while refusing to quash a criminal case against a journalist as the Facebook post shared by the