There is no provision in Criminal Procedure Code which speaks about amendment of a First Information Report registered under Section 154 CrPC. The question whether an FIR can be ‘amended’ is seen considered by Madras High Court in R.Westly vs Union Of India (2019). While holding that an FIR once registered cannot be amended, Justice P …
In Harjeet Chandok @ Harjeet Singh vs State Of Karnataka, the Sessions Court has rejected the bail application on the sole ground that the accused have not produced the address proof of their native place. The Karnataka High Court, while allowing their bail plea, observed that ‘the petitioners are natives of some other State itself …
Can Bail Be Denied Merely Because Accused Are Natives Of Other States? Read More »
Chapter XX of the Indian Penal Code includes Sections 494 and 495 IPC Section 494 IPC reads thus: “Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of …
A filed a cheque bounce complaint under Section 138 Negotiable Instruments Act against B. However, the Magistrate Court acquitted B. Can A file appeal before Sessions Court invoking provisio to Section 372 Cr.P.C. or should he file appeal with special leave before High Court under Section 378(4) CrPC is the query.? Section 372 CrPC proviso …
Cheque Case Complaint – Appeal Against Acquittal Read More »
The Supreme Court in Radhey Shyam vs Chabbi Nath held that judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution of India. So if a judicial order is not appealable or revisable, one can only invoke the ‘supervisory jurisdiction’ of the High Court by filing a petition under Article 227 …
Can A Writ Petition Be Filed Against A Judicial Order Passed By A Criminal Court? Read More »
Prem Singh vs State of NCT of Delhi 2023 CiteCase 2 | Supreme Court CrA 1 OF 2023 | 2 Jan 2023 | Dinesh Maheshwari and Sudhanshu Dhulia , JJ. The burden of proving the existence of circumstances so as to bring the case within the purview of Section 84 IPC lies on the accused in …
Sec 105 Evidence Act – S 84 IPC – Mental Incapacity – Burden Of Proof Read More »
Section 157(1) CrPC reads as follows: If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of …
In Sadashiv vs Vijayalaxmi , a widow filed a petition under Section 125 of Cr.P.C. against her father-in-law for maintenance and the same was allowed by the Family Court. Allowing the appeal, the Karnataka High Court observed that the maintenance petition against the father-in-law is not maintainable. It referred to the following observations made in an earlier decision in …
S 125 CrPC – Maintainence Petition Against Father In Law Read More »
Is Section 125 CrPC maintenance petition filed after a mutual consent divorce + final settlement maintainable? Section 125(4) provides that no wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living …
S 125 CrPC – Maintenance Petition Filed After Mutual Consent Divorce Read More »
Can a petition under Section 482 CrPC be filed to quash a Domestic violence complaint ? Madras HC and Bombay HC (Full Bench Judgments) In a judgment delivered last month, the Madras High Court (Full Bench) in Arul Daniel vs Suganya held that a petition under Section 482 Cr.P.C. challenging a proceeding under Section 12 of the …
S 482 CrPC – Can Inherent Powers Be Invoked To Quash Domestic Violence Complaint? Read More »