Code of Criminal Procedure, 1973 ; Section 482 – Indian Penal Code, 1860 ; Section 375 – The allegation in the FIR is that the appellant maintained a physical relationship with the victim by giving her a false promise of marriage – The relationship between the appellant and the victim was a consensual relationship which …
Code of Criminal Procedure, 1973 ; Section 433 – Offence committed in Uttar Pradesh – Trial of convict conducted in Uttarakhand – Which State has jurisdiction to decide remission: Uttar Pradesh- Where the crime was committed and not the State where the trial stands transferred and concluded – Referred to Shah Alias Lala Vakil Vs. …
Rohit Chaturvedi vs State of Uttarakhand – S 433 CrPC – Remission Read More »
Code of Criminal Procedure, 1973; Section 378,386 – When an Appellate Court deals with an appeal against an order of acquittal, it is no doubt true that the Appellate Court has to re-appreciate the evidence of the prosecution witnesses. After reappreciating the evidence on record, the Appellate Court has to examine whether the Court which …
Code of Criminal Procedure, 1973; Section 389- Appellate Court is unambiguously vested with the power to suspend implementation of the sentence or the order of conviction under appeal and grant bail to the incarcerated convict, for which it is imperative to assign the reasons in writing – in order to suspend the conviction of an …
Afjal Ansari vs State of UP 2023 INSC 1071 – S 389 CrPC – Suspension Of Sentence Read More »
A chargesheet was filed against one Narottam Dhakad by CBI. He filed an application before the Judicial Magistrate seeking a direction to supply a Hindi translation of the charge sheet (which was in English). This application was rejected by the Magistrate after he found that Dhakad was an educated person, having knowledge of English. Further, …
In a recent judgment Mohammad Wajid vs State of UP | 2023 INSC 683 , the Supreme Court has expanded the quashing powers of the High Court by invoking Section 482 CrPC. Justice J B Pardiwala, who authored the judgment made the following important observations: Whenever an accused comes before the Court invoking either the …
The power to quash a criminal investigation or proceedings should not be lightly exercised. Yet, to refuse recourse to that power, in cases that require or may demand it, is being blind to justice, which the courts can scant afford to be.– Religare Finvest Limited vs State of NCT of Delhi 2023 INSC 819 Anand …
Section 441A CrPC reads as follows: “Declaration by sureties- Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.” This provision suggests that a …
Section 441A CrPC – Can A Person Stand As Surety In More Than One Case? Read More »
Protest Petition – Shivshankar Singh Vs. State of Bihar (2011] 13 (ADDL.) S.C.R. 247 :: (2012)1 SCC 130 – The protest petition can always be treated as a complaint and proceeded with in terms of Chapter XV Cr.P.C. Therefore, in case there is no bar to entertain a second complaint on the same facts, in …
Singaraju Somasekhar vs State Of Telangana [Telangana HC] : In order to attract Section 354D IPC, the contacting and attempt to contact shall be in respect of outraging the modesty of the woman. The intention here is to continue the relation with the de-facto complainant in spite of clear indication of her disinterest. Here both …
Section 482 CrPC – Quashing Of Criminal Proceedings/FIR [Section 354D IPC] Read More »