Code of Criminal Procedure, 19973; Section 482- Though inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal proceedings which are essentially of a civil nature -Where a dispute which is essentially of a civil …
Code of Criminal Procedure, 1973; Section 482- Principles governing the exercise of jurisdiction under Section 482 CrPC by High Courts vis-à-vis quashing of an FIR, criminal proceeding or complaint reiterated – Referred to Gian Singh v. State of Punjab, (2012) 10 SCC 303 [Appellant neither entered into any settlement with the Accused Persons nor was …
Anil Mishra vs State Of UP 2024 INSC 189 :: [2024] 3 S.C.R. 385 – S 482 CrPC Read More »
Code Of Criminal Procedure, 1973; Section 438 – Anticipatory Bail – When anticipatory bail is granted to an accused, the effect of the said order is that in the event of the arrest of the accused, he has to be forthwith released on bail. After coming to the conclusion that the accused is entitled to …
Bail – Special Leave Petition challenging the direction in Bail order for recovery of the allegedly swindled sum (public money) dismissed – Distinguished Ramesh Kumar vs. State of NCT of Delhi reported in (2023) 7 SCC 461 – the petitioner himself obtained the order for deposit of the allegedly swindled sum of Rupees Thirty Lakhs …
K Zakir Hussain vs State SLP(Crl) 2612 Of 2024 – Bail Read More »
Code Of Criminal Procedure, 1973; Section 172 – Indian Evidence Act, 1872; Section 145,161 – When a police officer uses case diary for refreshing his memory, an accused automatically gets a right to peruse that part of the prior statement as recorded in the police officer’s diary by taking recourse to Section 145 or Section …
Code Of Criminal Procedure, 1973; Section 482 – Merely filing of the charge-sheet cannot be a ground for non-suiting a party in a petition under Section 482 Cr.P.C. Whether the case is a fit case for quashing of the proceedings on the parameters laid down by this Court in various judgments is required to be …
Code Of Criminal Procedure, 1973; Section 204-For issuing the order of summoning, the Magistrate could not have relied upon the same material which was before him when he passed the order calling for the report under Section 202 of the Cr.PC -The reason is that, obviously, he was not satisfied that the material was sufficient …
Bail – Cancellation of Bail – Considerations for grant of bail and cancellation thereof are entirely different. Bail granted to an accused can only be cancelled if the Court is satisfied that after being released on bail, (a) the accused has misused the liberty granted to him; (b) flouted the conditions of bail order; (c …
Himanshu Sharma vs State Of Madhya Pradesh 2024 INSC 139 – Cancellation of Bail Read More »
Code Of Criminal Procedure, 1973; Section 468– Limitation provided for taking cognizance in Section 468, Cr.P.C. is in respect of offence charged and not in respect of offence fianally proved – Referred to State of Himachal Pradesh Vs. Tara Dutta [AIR 2000 SC 297] (Para 3) Code Of Criminal Procedure, 1973; Section 482- Non-appearance of …
Directions issued by in the Judgment reported in Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51 – States, Union Territories, High Courts, Union of India, CBI and NALSA to file their updated compliance affidavits on the above referred aspects within a period of 8 weeks from today, and the learned Amicus …
Satender Kumar Antil vs Central Bureau Of Investigation 2024 INSC 134 Read More »