Criminal Procedure Code

Feran Singh vs State Of Madhya Pradesh CrA 838/2024 – Ss 156(3), 190, 200, 173(2) CrPC –

February 21, 2024 / By

Code of Criminal Procedure, 1973; Section 156(3) – When the allegation in the complaint is with respect to commission of offence(s) triable by Court of Sessions it would be proper for the Magistrate to order for investigation under Section 156 (3), Cr.P.C. instead of conducting the enquiry by himself. (Para 6) Code of Criminal Procedure, …

Feran Singh vs State Of Madhya Pradesh CrA 838/2024 – Ss 156(3), 190, 200, 173(2) CrPC – Read More »

Navin Kumar Rai vs Surendra Singh 2024 INSC 116 – S 482 CrPC – Registration Act

February 15, 2024 / By

Code of Criminal Procedure, 1973; Section 482 – While exercising such inherent powers what is required to be examined is only the prima facie existence of the offence sought to be quashed -t the Court was required to consider was whether any of the well-established grounds that are enumerated in judgments in State of Haryana …

Navin Kumar Rai vs Surendra Singh 2024 INSC 116 – S 482 CrPC – Registration Act Read More »

Tejashwi Prasad Yadav vs Hareshbhai Pranshankar Mehta 2024 INSC 108 – Defamation –

February 13, 2024 / By

Indian Penal Code, 1860; Section 499, 500 – Code of Criminal Procedure, 1973; Section 482- Prosecution for defamation for the offence under Section 499, which is punishable under Section 500 of the IPC, cannot be quashed on the ground that the offending allegations have been withdrawn. Summary: Defamation case against accused- for allegedly making Defamatory …

Tejashwi Prasad Yadav vs Hareshbhai Pranshankar Mehta 2024 INSC 108 – Defamation – Read More »

Directorate Of Enforcement vs Niraj Tyagi 2024 INSC 106 :: [2024] 2 S.C.R. 311 – S 482 CrPC – Stay Of Investigation

March 2, 2024 / By

Code of Criminal Procedure, 1973; Section 482 -Without undermining the powers of the High Court under Section 482 of Cr.PC to quash the proceedings if the allegations made in the FIR or complaint prima facie do not constitute any offence against the accused, or if the criminal proceedings are found to be manifestly malafide or …

Directorate Of Enforcement vs Niraj Tyagi 2024 INSC 106 :: [2024] 2 S.C.R. 311 – S 482 CrPC – Stay Of Investigation Read More »

Mamidi Anil Kumar Reddy vs State Of Andhra Pradesh 2024 INSC 101 :: [2024] 2 S.C.R. 252 – S 482 CrPC – False Implication – Matrimonial Disputes

February 16, 2024 / By

Code of Criminal Procedure, 1973; Section 482 –Appeal against HC order refusing to quash criminal proceedings against the Appellants for offences u/s. 420, 498A, 506 of the IPC & u/s. 3, 4 of the Dowry Prohibition Act, 1961 , allowed – The phenomenon of false implication by way of general omnibus allegations in the course …

Mamidi Anil Kumar Reddy vs State Of Andhra Pradesh 2024 INSC 101 :: [2024] 2 S.C.R. 252 – S 482 CrPC – False Implication – Matrimonial Disputes Read More »

Vishal Noble Singh vs State Of Uttar Pradesh 2024 INSC 85 – S 482 CrPC, Ss 420, 467 IPC

February 7, 2024 / By

Code Of Criminal Procedure, 1973; Section 482 – In recent years the machinery of criminal justice is being misused by certain persons for their vested interests and for achieving their oblique motives and agenda. Courts have therefore to be vigilant against such tendencies and ensure that acts of omission and commission having an adverse impact …

Vishal Noble Singh vs State Of Uttar Pradesh 2024 INSC 85 – S 482 CrPC, Ss 420, 467 IPC Read More »

Atamjit Singh vs State (NCT Of Delhi) 2024 INSC 84 – S 138 NI Act – S 482 CrPC – Cheque Bounce Complaint – Quashing

February 7, 2024 / By

Code of Criminal Procedure, 1973; Section 582 – Negotiable Instruments Act, 1881 ; Section 138 – Classification of the underlying debt or liability as being barred by limitation is a question that must be decided based on the evidence adduced by the parties -The question regarding the time barred nature of an underlying debt or …

Atamjit Singh vs State (NCT Of Delhi) 2024 INSC 84 – S 138 NI Act – S 482 CrPC – Cheque Bounce Complaint – Quashing Read More »

Sachin Garg vs State Of UP 2024 INSC 72 – Ss 204, 482 CrPC – Commercial Dispute Turned Into Criminal Case

February 1, 2024 / By

Code of Criminal Procedure, 1973; Section 204 – While it is true that at the stage of issuing summons a magistrate only needs to be satisfied with a prima facie case for taking cognizance, the duty of the magistrate is also to be satisfied whether there is sufficient ground for proceeding- At the stage of …

Sachin Garg vs State Of UP 2024 INSC 72 – Ss 204, 482 CrPC – Commercial Dispute Turned Into Criminal Case Read More »

CBI vs Kapil Wadhawan 2024 INSC 58 – S 173 CrPC :: [2024] 1 S.C.R. 677 – Incomplete Charge Sheet – Default Bail

February 16, 2024 / By

Code of Criminal Procedure, 1973; Section 173 – Once from the material produced along with the chargesheet, the court is satisfied about the commission of an offence and takes cognizance of the offence allegedly committed by the accused, it is immaterial whether the further investigation in terms of Section 173(8) is pending or not. The …

CBI vs Kapil Wadhawan 2024 INSC 58 – S 173 CrPC :: [2024] 1 S.C.R. 677 – Incomplete Charge Sheet – Default Bail Read More »

Raja Nayakar vs State Of Chhattisgarh 2024 INSC 56 – Criminal Trial – Circumstantial Evidence – S 313 CrPC – S 27 Evidence Act

February 1, 2024 / By

Criminal Trial – Circumstantial Evidence – Sharad Birdhichand Sarda vs. State of Maharashtra (1984) 4 SCC 116=1984 INSC 121 – the circumstances from which the conclusion of the guilt is to be drawn should be fully established – The accused ‘must be’ and not merely ‘may be’ proved guilty before a court can convict the …

Raja Nayakar vs State Of Chhattisgarh 2024 INSC 56 – Criminal Trial – Circumstantial Evidence – S 313 CrPC – S 27 Evidence Act Read More »