Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Further investigation under Section 173(8) CrPC required prior Magistrate approval as read in by precedent, and the third round of investigation and the resulting chargesheet were unsustainable because no such permission was shown. The Court also found that the real dispute concerned a business arrangement and profit-sharing, making the matter essentially civil; the forgery allegation appeared suspect in the overall sequence of events. In these circumstances, continuation of the prosecution amounted to abuse of process, and the FIR and all subsequent proceedings were quashed.
Further investigation under Section 173(8) CrPC required prior Magistrate approval as read in by precedent, and the third round of investigation and the resulting chargesheet were unsustainable because no such permission was shown. The Court also found that the real dispute concerned a business arrangement and profit-sharing, making the matter essentially civil; the forgery allegation appeared suspect in the overall sequence of events. In these circumstances, continuation of the prosecution amounted to abuse of process, and the FIR and all subsequent proceedings were quashed.
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