Criminal Procedure Code

Maneesha Yadav vs State Of Uttar Pradesh 2024 INSC 322 – S 482 CrPC – Filing of Chargesheet

Code Of Criminal Procedure, 1973; Section 482 -Merely because the charge-sheet is filed cannot be a ground for the High Court to not invoke its jurisdiction under Section 482 of the Cr.P.C.-The Court would not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in …

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Babu Sahebagouda Rudragoudar vs State Of Karnataka 2024 INSC 320 – S 378 CrPC – S 27 Evidence Act

Code Of Criminal Procedure, 1973; Section 378,386– scope of interference by an appellate Court for reversing the judgment of acquittal recorded by the trial Court in favour of the accused has to be exercised within the four corners of the following principles:-(a) That the judgment of acquittal suffers from patent perversity; (b) That the same …

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State Of Arunachal Pradesh vs Kamal Agarwal 2024 INSC 317 – S 482 CrPC – Civil Nature Criminal Case

Code Of Criminal Procedure, 1973; Section 482 -Quashing a cheating case, SC observed: The matter was purely civil in nature. It was a case of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of …

State Of Arunachal Pradesh vs Kamal Agarwal 2024 INSC 317 – S 482 CrPC – Civil Nature Criminal Case Read More »

Mukhtar Zaidi vs State Of Uttar Pradesh 2024 INSC 316 – S 200 CrPC – Protest Petition

Code Of Criminal Procedure, 1973; Section 200 – The right of the Complainant to file a petition under Section 200 Cr.P.C. is not taken away even if the Magistrate concerned does not direct that a Protest Petition be treated as a complaint- When the Magistrate is satisfied that a case is worth taking cognizance and …

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Yash Tuteja vs Union Of India 2024 INSC 301 – PMLA – Ss 200-204 CrPC

Prevention Of Money Laundering Act, 2002; Section 2,3– In the absence of the scheduled offence, there cannot be any proceeds of crime within the meaning of clause (u) of subSection (1) of Section 2 of the PMLA. If there are no proceeds of crime, the offence under Section 3 of the PMLA is not made …

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A Duraimurugan Pandiyan Sattai @ Duraimurugan vs State – Cancellation Of Bail

Code Of Criminal Procedure, 1973; Section 439 – Appeal against cancellation of Bail – Strong criticism of the Hon’ble Chief Minister is not a violation of bail order- only by expressing his strong views about the demolition of the masjid and by demanding release of prisoners, it can be said that the appellant has misused …

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Neelima Suri vs State Of Madhya Pradesh – S 406 CrPC – Transfer Investigation Of FIR

Code Of Criminal Procedure, 1973; Section 406 -In exercise of power conferred under Section 406 of Cr.P.C., this Court would not transfer the investigation of an FIR- It is only when after investigation there is likelihood of causing some prejudice to an accused in the course of trial, that the power under Section 406 of …

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Bhupatbhai Bachubhai Chavda vs State of Gujarat 2024 INSC 295 – Criminal Trial – Burden Of Proof – Appeal Against Acquittal –

Criminal Trial – Burden of Proof – Unless, under the relevant penal statute, there is a negative burden put on the accused or there is a reverse onus clause, the accused is not required to discharge any burden. In a case where there is a statutory presumption, after the prosecution discharges initial burden, the burden …

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