Search Results Page

Search Results

1 - 10 of 26077 (0.04 seconds)

Dr Yuvaraj Singh Ghelot vs State Of Karnataka on 24 August, 2022

102) '102. ... (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.' 32 Above Category 7 is clearly attracted in the facts of the present case. Although, the High Court [Vineet Kumar v. State of U.P., 2016 SCC OnLine All 1445] has noted the judgment of State of Haryana v. Bhajan Lal [State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426] , but did not advert to the relevant facts of the present case, materials on which final report was submitted by the IO. We, thus, are fully satisfied that the present is a fit case where the High Court ought to have exercised its jurisdiction under Section 482 CrPC and quashed the criminal proceedings."
Karnataka High Court Cites 38 - Cited by 0 - M Nagaprasanna - Full Document

Kashish Bhatia vs The State Of Jharkhand on 9 December, 2021

Above Category 7 is clearly attracted in the facts of the present case. Although, the High Court has noted the judgment of State of Haryana v. Bhajan Lal3, but did not advert to the relevant facts of the present case, materials on which final report was submitted by the IO. We, thus, are fully satisfied that the present is a fit case where the High Court ought to have exercised its jurisdiction under Section 482 CrPC and quashed the criminal proceedings."
Jharkhand High Court Cites 56 - Cited by 0 - S K Dwivedi - Full Document

Bhagchand Uttamchand vs The Inspector Of Police on 4 November, 2011

(vii) The conduct of the defacto complainant and his family members has shown that the clause-7 of the para-102 of the dictum laid down in (State of Haryana and others v. Bhajan Lal and others) (i.e.) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused abuse of process of Court.
Madras High Court Cites 64 - Cited by 1 - R Mala - Full Document

M/S Usha Martin Limited vs The State Of Jharkhand on 29 July, 2022

Although, the High Court has noted the judgment of State of Haryana v. Bhajan Lal, but did not advert to the relevant facts of the present case, materials on which final report was submitted by the IO. We, thus, are fully satisfied that the present is a fit case where the High Court ought to have exercised its jurisdiction under Section 482 CrPC and quashed the criminal proceedings."
Jharkhand High Court Cites 41 - Cited by 0 - S K Dwivedi - Full Document

Vandana Yadav And Another vs State Of U.P. Thru. Prin. Secy. Home ... on 8 May, 2023

It is only in cases where no cognizable offence or offence of any kind is disclosed in the first information report that the Court will not permit an investigation to go on. As cautioned by this Court in State of Haryana v. Bhajan Lal MANU/SC/0115/1992 : (1992) Supp. (1) SCC 335, the power of quashing should be exercised very sparingly and with circumspection and that too in the rarest of rare cases. While examining a complaint, the quashing of which is sought, the Court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or in the complaint.
Allahabad High Court Cites 125 - Cited by 2 - Full Document

1 State vs Bhajan Lal on 28 July, 2008

In view of the aforesaid discussion this court is of the opinion that prosecution has failed to prove its case against the 11 State Vs Bhajan Lal accused persons beyond reasonable doubt. Therefore, accused persons are acquitted of charges levelled against them. Sureties are discharged. Documents of sureties, if any be released after cancellation of endorsement. Case property be confiscated to the state and file be consigned to the record room after due formalities.
Delhi District Court Cites 10 - Cited by 0 - Full Document

Lilavati Kirtilal Mehta Medical Trust ... vs Union Of India And Ors on 5 May, 2026

75. To dismiss a challenge to a complaint merely on a mechanical reading while holding that the allegations prima facie constitute the offence alleged would be in the teeth of the principles laid down by Their Lordships in Bhajan Lal (supra) and other decisions referred to herein before. The ripples of the strained relations between the family members who were and are managing the affairs of the trust are being felt by the petitioners. It is in such view of the matter, we have no hesitation even at such a nascent stage in concluding that this is not a bonafide complaint so far as the petitioners are concerned. To allow a prosecution of such a nature to continue in the present facts not only lacks bonafides but runs the risk of deterring recovery proceedings.
Bombay High Court Cites 52 - Cited by 0 - M S Karnik - Full Document

Venkattu Srinivasan vs The State Of Maharashtra And Ors on 5 May, 2026

75. To dismiss a challenge to a complaint merely on a mechanical reading while holding that the allegations prima facie constitute the offence alleged would be in the teeth of the principles laid down by Their Lordships in Bhajan Lal (supra) and other decisions referred to herein before. The ripples of the strained relations between the family members who were and are managing the affairs of the trust are being felt by the petitioners. It is in such view of the matter, we have no hesitation even at such a nascent stage in concluding that this is not a bonafide complaint so far as the petitioners are concerned. To allow a prosecution of such a nature to continue in the present facts not only lacks bonafides but runs the risk of deterring recovery proceedings.
Bombay High Court Cites 52 - Cited by 0 - M S Karnik - Full Document

Phoenix Arc Private Limited Through ... vs State Of Maharashtra And Ors on 5 May, 2026

75. To dismiss a challenge to a complaint merely on a mechanical reading while holding that the allegations prima facie constitute the offence alleged would be in the teeth of the principles laid down by Their Lordships in Bhajan Lal (supra) and other decisions referred to herein before. The ripples of the strained relations between the family members who were and are managing the affairs of the trust are being felt by the petitioners. It is in such view of the matter, we have no hesitation even at such a nascent stage in concluding that this is not a bonafide complaint so far as the petitioners are concerned. To allow a prosecution of such a nature to continue in the present facts not only lacks bonafides but runs the risk of deterring recovery proceedings.
Bombay High Court Cites 52 - Cited by 0 - M S Karnik - Full Document

Sashidhar Jagdishan vs The State Of Maharashtra And Ors on 5 May, 2026

75. To dismiss a challenge to a complaint merely on a mechanical reading while holding that the allegations prima facie constitute the offence alleged would be in the teeth of the principles laid down by Their Lordships in Bhajan Lal (supra) and other decisions referred to herein before. The ripples of the strained relations between the family members who were and are managing the affairs of the trust are being felt by the petitioners. It is in such view of the matter, we have no hesitation even at such a nascent stage in concluding that this is not a bonafide complaint so far as the petitioners are concerned. To allow a prosecution of such a nature to continue in the present facts not only lacks bonafides but runs the risk of deterring recovery proceedings.
Bombay High Court Cites 52 - Cited by 0 - M S Karnik - Full Document
1   2 3 4 5 6 7 8 9 10 Next