E-Filing Of Criminal Complaints
1. State of Madhya Pradesh v. Shyamlal Dangi (2019)
Facts: The Special Fraud Investigation Office (SFIO) filed a criminal complaint against an accused without obtaining prior sanction from the Reserve Bank of India (RBI), as required under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970.
Judgment: The Supreme Court held that a complaint filed without the requisite sanction is not maintainable and can be quashed. The absence of sanction renders the complaint defective from the beginning.
Impact: This case underscores the necessity of obtaining prior sanction from the appropriate authority before filing a criminal complaint, even in the context of e-filing.
2. Central Bureau of Investigation v. K. Veeraiah (2010)
Facts: The Central Bureau of Investigation (CBI) filed a charge sheet against an accused without obtaining prior sanction from the competent authority, as mandated under the Prevention of Corruption Act, 1988.
Judgment: The Supreme Court quashed the charge sheet, emphasizing that the requirement for prior sanction is a mandatory procedural safeguard.
Impact: This judgment reiterates that e-filing of complaints must adhere to all procedural requirements, including obtaining necessary sanctions.
3. State of Uttar Pradesh v. Veer Bahadur Singh (2002)
Facts: The State Government filed a complaint against an accused without obtaining prior sanction from the Central Government, as required under the Prevention of Corruption Act, 1988.
Judgment: The Allahabad High Court quashed the complaint, stating that the absence of prior sanction renders the complaint not maintainable.
Impact: This case highlights the importance of compliance with procedural safeguards in the e-filing process.
4. Suhas Katti v. Tamil Nadu (2004)
Facts: The complainant filed a complaint against the accused for sending obscene and defamatory messages through the internet.
Judgment: The Metropolitan Magistrate, Egmore, convicted the accused under Section 67 of the Information Technology Act, 2000, marking one of the first convictions under this provision.
Impact: This case set a precedent for handling cybercrimes and emphasized the need for legal frameworks to address online offenses.
5. Aveek Sarkar v. State of West Bengal (2014)
Facts: The complainant filed a complaint against the accused for publishing defamatory content in a magazine, alleging harm to reputation.
Judgment: The Supreme Court held that the test for determining obscenity is based on contemporary community standards, rejecting the Hicklin test.
Impact: This judgment clarified the legal standards for obscenity and defamation, influencing how such complaints are handled, including those filed electronically.
These cases collectively underscore the importance of adhering to legal and procedural requirements when filing criminal complaints, whether through traditional methods or e-filing platforms. They highlight the judiciary's commitment to ensuring that the rights of all parties are protected and that the legal process is not misused.
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