Criminal Procedure Code

Ramesh vs State Of Karnataka 2024 INSC 701 – CrPC – Appeal Against Acquittal

September 18, 2024 / By

Code Of Criminal Procedure, 1973; Section 378,386 [BNSS, 2013; Sections 419,427]- The power of the appellate Court while dealing with an appeal against a judgment of acquittal -(1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded. (2) The Code of Criminal Procedure, …

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A.S. Pharma Pvt. Ltd. vs Nayati Medical Pvt. Ltd. 2024 INSC 690 – Ss 138,147 NI Act – S 482 CrPC – Compounding Of Cheque Bounce Cases

September 13, 2024 / By

Negotiable Instruments Act,1881- Section 138,147 –An offence under Section 138, N.I. Act could be compounded under Section 147 thereof, only with the consent of the complainant concerned’ . (Para 17) Code of Criminal Procedure,1973- Section 482 – Merely because, in Raj Reddy Kallem v. The State of Haryana & Anr. 2024 INSC 347, SC ‘quashed’ …

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Arvind Kejriwal vs Central Bureau of Investigation 2024 INSC 687 – Bail

September 13, 2024 / By

Summary: Bail granted to Arvind Kejriwal in CBI Case – Conditions imposed including: He shall not make any public comments on the merits of the CBI case, it being sub judice before the Trial Court. This condition is necessitated to dissuade a recent tendency of building a self-serving narrative on public platforms- Justice Surya Kant …

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Raghuveer Sharan vs District Sahakari Krishi Gramin Vikas Bank 2024 INSC 681 – S 132 Evidence Act

September 11, 2024 / By

Indian Evidence Act, 1872; Section 132 [BNSS,2023; Section 137]- The qualified privilege under the proviso to Section 132 of the Act does not grant complete immunity from prosecution to a person who has deposed as a witness (and made statements incriminating himself)- The only protection available is, a witness cannot be subjected to prosecution on …

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Dhanraj Aswani vs Amar S. Mulchandani 2024 INSC 669 – Anticipatory Bail

September 9, 2024 / By

Code Of Criminal Procedure, 1973; Section 438 – [BNSS,2023; Section 482]– An accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence. Once he is arrested, the only remedy available to him is to apply for regular bail either under Section …

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Suraj Singh Gujar vs State Of Madhya Pradesh 2024 INSC 661 – Article 142 – Compounding

September 6, 2024 / By

Constitution of India, 1950; Article 142 – Code Of Criminal Procedure, 1973; Section 320, 482- Courts cannot grant permission to compound the noncompoundable offences, on the basis of any sort of compromise between the parties, as it would be contrary to what has been provided by legislation, except the High Court under Section 482 of …

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Baccarose Perfumes And Beauty Products Pvt. Ltd. vs Central Bureau Of Investigation 2024 INSC 662 – FIR – Initiation

September 6, 2024 / By

Code Of Criminal Procedure,1973; Section 154-176 –Mere registration of FIR cannot be interpreted to mean that it constitutes the initiation of such proceedings. A registration of FIR necessitates an investigation by a competent officer as per the detailed process outlined in Sections 155 to 176. It is only after a Final Report (or as referred …

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Shaileshbhai Ranchhodbhai Patel vs State Of Gujarat CrA 1884/2013 – S 482 CrPC

August 30, 2024 / By

Code Of Criminal Procedure,1973; Section 482 -Whether quashing of the FIR can be refused for no other reason than that the investigating officer has filed the charge-sheet? High Court under Section 482, Cr. PC. retains the power to quash an FIR, even after charge-sheet under Section 173(2) thereof is filed, provided a satisfaction is reached, …

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