A. Constitution of India, 1950—Article 226—Quashing of FIR—Judicial scrutiny at pre-trial stage—While exercising jurisdiction under Article 226 to quash FIRs, the court must examine whether, assuming the allegations to be true, they prima facie disclose the commission of any cognizable offence—Mere assertions without foundational material or requisite legal ingredients do not justify continuation of criminal proceedings. (Para 18) B. Penal Code, 1860—Section 153A—Promoting enmity—Allegations involving circulation of objectionable social media content must be supported by clear proof of authorship, publication, and intent to promote enmity—In absence of such material, FIR under Section 153A IPC is not sustainable. (Para 19) C. Penal Code, 1860—Section 469—Forgery for r...

A. Criminal Procedure Code, 1973—Section 482—Quashing of FIR/Proceedings—Abuse of Process—Complaint filed after seven years of alleged offence—Limitation period under Section 468 Cr.P.C. exceeded—Divorce between parties already granted—Continuation of proceedings against in-laws constitutes unnecessary harassment and abuse of process. (Para 10) B. Criminal Procedure Code, 1973—Section 468—Limitation—No fresh cause of action or continuing offence established to extend limitation—Complaint under Section 406 IPC barred by time. (Para 10) C. Penal Code, 1860—Section 406—Criminal Breach of Trust—Allegations of retaining streedhan raised after significant delay following separation and divorce—Proceedings against in-laws unwarranted and oppressive. (...

A. Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Appeal Against Bail Rejection—Absence of Appellant’s Name in FIR and Questionable Evidence Where the appellant was not named in the FIR relating to rioting, arson, and violence against public servants, and was arrested later based on alleged recovery of an SLR magazine and cartridges, but the State admitted the rifle was not recovered, creating doubt about the snatching allegation, and prosecution produced no direct evidence of the appellant’s active involvement, the court considered these factors alongside over one and a half years of custody and granted bail. (Para 12) B. Criminal Law Amendment Act, 1932—Section 7; Prevention of Damage to Public Property Act, 1984—Sections 3 & 4; Unlawful Activities (Prevention) Act, 1967&mda...

A. Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Absence of Appellant’s Name in FIR and Lack of Direct Evidence—Where the appellant was not named in the FIR and was implicated only later based on statements of co-accused during searches, with no direct evidence connecting him to the alleged offences of violence, rioting, and arson, and having already undergone incarceration for over one and a half years, the appellant is entitled to grant of bail. (Paras 13, 14, 15, 16) B. Unlawful Activities (Prevention) Act, 1967 (UAPA)—Sections 15, 16—Subsequent Invocation and Lack of Prima Facie Evidence—The provisions of the UAPA invoked subsequently during investigation cannot justify continued detention where the appellant was not named in the FIR and there is no prima facie evidence agains...

A. Drugs and Cosmetics Act, 1940—Sections 18(a)(i), 16, 17A(a), 27(b)(i), 27(d)—Section 25(3)—Right to Controvert Government Analyst’s Report—Delay and Expiry of Drug Shelf Life—Where the applicants notified their intention to challenge the Government Analyst’s report within the prescribed period, but the prosecution failed to take timely follow-up action, resulting in undue delay and expiration of the drug’s shelf life, such deprivation of the statutory right to contest amounts to an abuse of the process of law and violation of principles of natural justice—The criminal proceedings are liable to be quashed. (Paras 11, 12, 14) B. Drugs and Cosmetics Act, 1940—Section 25(3)—Government Analyst’s Report as Conclusive Evidence—The analyst’s report under Sec...

A. Criminal Procedure Code, 1973 (CrPC)—Section 482—Quashing of FIR—Inherent Powers—Inherent powers under Section 482 CrPC are to be exercised sparingly and with great caution, only to prevent abuse of process of the court or to secure the ends of justice—These powers are not intended to short-circuit legitimate prosecution at the threshold. (Para 13) B. Criminal Procedure Code, 1973 (CrPC)—Section 482—Quashing of FIR—Applicability of Bhajan Lal Principles—The case does not fall under any of the illustrative categories laid down in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, where quashing of proceedings would be justified—The FIR does not disclose a manifest abuse of process or malice on its face. (Paras 14, 21) C. Criminal Procedure Code, 1973 (CrPC)—Sect...

A. Constitution of India, 1950—Article 226—Writ Jurisdiction—Interference with Investigation—High Court will not ordinarily interfere at the stage of initiation of an inquiry or investigation unless the action is patently without jurisdiction or vitiated by demonstrable mala fides. (Para 32) B. U.P. Vigilance Establishment Act, 1965—Sections 2, 3—Jurisdiction of Vigilance Establishment—Vigilance Establishment is empowered to investigate offences of corruption and allied misconduct against public servants—Initiation of vigilance inquiry cannot be characterized as arbitrary merely because earlier departmental observations differed. (Paras 25, 26) C. Constitution of India, 1950—Article 14—Equality and Arbitrariness—Initiation of a vigilance inquiry is not arbitrary merel...

A. Uttarakhand Madarsa Education Board Act, 2016—Definition of “Institution”—“Institution” refers to a Madarsa or Oriental College established and administered by Muslim minorities and recognized by the Board for imparting Madarsa education—“Madarsa-Education” includes religious teachings along with other specified branches of learning—Failure of petitioners to comply with their undertaking or unauthorized use of the term “Madarsa” empowers authorities to take appropriate action. ...

A. Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950—Section 331—Second Appeal—Jurisdiction—A second appeal lies only on a substantial question of law. The appellate authority must formulate or indicate such question; summary disposal without doing so is improper. (Para 22) B. Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950—Section 171—Succession—On the death of a bhumidhar, his interest devolves equally upon his heirs as co-tenure holders. (Paras 23, 24) C. Mutation Entries—Nature and Effect—Mutation entries are fiscal and do not create or extinguish title—Exclusive mutation in favor of one heir cannot divest other co-sharers of their rights. (Paras 15, 25) D. Civil Procedure Code, 1908—Order 22 Rule 4—Abatement of Proceedings—F...

A. Land Acquisition Act, 1894—Sections 4, 6, 7, 9 and 11—Public Purpose—Land Allotment for Police Station and Nagar Panchayat Office—The District Magistrate’s order allotting land after site inspection and considering factors such as commercial viability, accessibility, government orders, tender approvals, and law and order concerns during festivals was found to be reasoned and speaking—The High Court upheld the exercise of discretion, affirming that the allotment served public purpose and complied with statutory requirements. (Paras 2, 3) B. Writ Jurisdiction—Public Interest Litigation—Disposal—The High Court accepted the District Magistrate’s detailed report and disposed of the PIL, observing that appropriate and timely government orders were passed for land allotment and di...