Criminal Procedure Code

Suraj Singh Gujar vs State Of Madhya Pradesh 2024 INSC 661 – Article 142 – Compounding

September 6, 2024 / By

Constitution of India, 1950; Article 142 – Code Of Criminal Procedure, 1973; Section 320, 482- Courts cannot grant permission to compound the noncompoundable offences, on the basis of any sort of compromise between the parties, as it would be contrary to what has been provided by legislation, except the High Court under Section 482 of …

Suraj Singh Gujar vs State Of Madhya Pradesh 2024 INSC 661 – Article 142 – Compounding Read More »

Baccarose Perfumes And Beauty Products Pvt. Ltd. vs Central Bureau Of Investigation 2024 INSC 662 – FIR – Initiation

September 6, 2024 / By

Code Of Criminal Procedure,1973; Section 154-176 –Mere registration of FIR cannot be interpreted to mean that it constitutes the initiation of such proceedings. A registration of FIR necessitates an investigation by a competent officer as per the detailed process outlined in Sections 155 to 176. It is only after a Final Report (or as referred …

Baccarose Perfumes And Beauty Products Pvt. Ltd. vs Central Bureau Of Investigation 2024 INSC 662 – FIR – Initiation Read More »

Shaileshbhai Ranchhodbhai Patel vs State Of Gujarat CrA 1884/2013 – S 482 CrPC

August 30, 2024 / By

Code Of Criminal Procedure,1973; Section 482 -Whether quashing of the FIR can be refused for no other reason than that the investigating officer has filed the charge-sheet? High Court under Section 482, Cr. PC. retains the power to quash an FIR, even after charge-sheet under Section 173(2) thereof is filed, provided a satisfaction is reached, …

Shaileshbhai Ranchhodbhai Patel vs State Of Gujarat CrA 1884/2013 – S 482 CrPC Read More »

K Ravi vs State Of Tamil Nadu 2024 INSC 642 – Ss 216,227,397 CrPC – Discharge – Altering Of Charge – Revision

September 2, 2024 / By

Code Of Criminal Procedure, 1973; Section 216,227- Section 216 is an enabling provision which enables the court to alter or add to any charge at any time before judgment is pronounced, and if any alternation or addition to a charge is made, the court has to follow the procedure as contained therein. Section 216 does …

K Ravi vs State Of Tamil Nadu 2024 INSC 642 – Ss 216,227,397 CrPC – Discharge – Altering Of Charge – Revision Read More »

Manik Madhukar Sarve vs Vitthal Damuji Meher 2024 INSC 636 – S 439 CrPC – Bail

August 28, 2024 / By

Code Of Criminal Procedure,1973; Section 439- Courts while granting bail are required to consider relevant factors such as nature of the accusation, role ascribed to the accused concerned, possibilities/chances of tampering with the evidence and/or witnesses, antecedents, flight risk et al. (Para 19) -. In cases where the allegations coupled with the materials brought on …

Manik Madhukar Sarve vs Vitthal Damuji Meher 2024 INSC 636 – S 439 CrPC – Bail Read More »

Raju vs State of Uttarakhand 2024 INSC 633 – S 307 IPC – Criminal Trial – Appeal Against Acquittal

August 28, 2024 / By

Indian Penal Code,1860; Section 307 – A conviction under Section 307 of the IPC may be justified only if the accused in question possessed intent coupled with some overt act in aid of its execution. Ascertaining the intention to kill or having the knowledge that death may be caused as a result of the overt …

Raju vs State of Uttarakhand 2024 INSC 633 – S 307 IPC – Criminal Trial – Appeal Against Acquittal Read More »

Karnataka Emta Coal Mines Limited vs Central Bureau Of Investigation 2024 INSC 623 – Art.136,149 Constitution- S 482,227 CrPC –

August 23, 2024 / By

Constitution of India,1950; Article 136– Article 136 can be invoked by a party in a petition for special leave to appeal from any judgement, decree, determination, sentence or order in any cause or matter passed or made by a Court or Tribunal within the territory of India. The reach of the extraordinary powers vested in …

Karnataka Emta Coal Mines Limited vs Central Bureau Of Investigation 2024 INSC 623 – Art.136,149 Constitution- S 482,227 CrPC – Read More »

Delhi Race Club (1940) Ltd. vs State of Uttar Pradesh 2024 INSC 626 -S 406,415,420 IPC – S 202 CrPC – Breach Of Trust & Cheating

August 23, 2024 / By

Indian Penal Code,1860; Section 406, 415, 420-The offences of criminal breach of trust (Section 406 IPC) and cheating (Section 420 IPC) have specific ingredients. In order to constitute a criminal breach of trust (Section 406 IPC): – 1) There must be entrustment with person for property or dominion over the property, and 2) The person …

Delhi Race Club (1940) Ltd. vs State of Uttar Pradesh 2024 INSC 626 -S 406,415,420 IPC – S 202 CrPC – Breach Of Trust & Cheating Read More »

Shajan Skaria vs State Of Kerala 2024 INSC 625 – SC-ST (Prevention Of Atrocities) Act-Anticipatory Bail

August 23, 2024 / By

SC-ST (Prevention Of Atrocities) Act,1989; Section 3(1)(r) – Mere knowledge of the fact that the victim is a member of the Scheduled Caste or Scheduled Tribe is not sufficient to attract Section 3(1)(r) of the Act, 1989. The offence must have been committed against the person on the ground or for the reason that such …

Shajan Skaria vs State Of Kerala 2024 INSC 625 – SC-ST (Prevention Of Atrocities) Act-Anticipatory Bail Read More »