Section 482 Cr.P.C. – The court must ensure that criminal prosecution is not used as an instrument of harassment or for seeking private vendetta or with an ulterior motive to pressure the accused. The power being discretionary must be exercised judiciously with extreme care and caution. The court should properly Read more…
merely making allegation against the leaders of a political party even if it is incorrect / untrue would not constitute offence under Section 505(1) of the IPC At this stage, it would be appropriate to again notice the tweet made by the petitioner vide Annexure P-4 at the cost of Read more…
Section 482 Cr.p.c. – quashing the First Information Report – That the Constitution of India gives its Citizens the right to freedom of speech and expression. The protest was peaceful and as already observed no untoward incident took place. FIR quashed. Crl.O.P.(MD)No.4609 of 2021BEFORE THE MADURAI BENCH OF MADRAS HIGH Read more…
In view of the specific bar which is contained in Section 362, we are of the view that the impugned order of the High Court is unsustainable. Such an application for review or modification could not have been entertained. IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal Read more…
Section 482 Cr.P.C – we are of the view that even assuming that all the allegations in the FIR are correct for the purposes of considering the application for quashing under Section 482 of CrPC, no offence has been established. There is no allegation to the effect that the promise Read more…
when the impugned FIR is nothing but an abuse of process of law and to harass the appellants-accused, we are of the opinion that the High Court ought to have exercised the powers under Article 226 of the Constitution of India / 482 Cr.P.C. and ought to have quashed the Read more…
Holding peaceful processions, raising slogans, would not be and cannot be an offence under India’s Constitution. ANALYSIS AND REASONING: 9.The FIR nowhere mentions the role of the petitioner. Even if this Court presumes the petitioner present at the spot, it would still not lead to an automatic inference of her Read more…
Section 482 Cr.p.c. and Section 320 Cr.p.c. – In crimes which seriously endangers the well being of the society, it is not safe to leave the crime doer only because he and the victim have settled the dispute amicably. he petitioner/accused has represented himself as Shiva and on that Read more…