Code Of Criminal Procedure, 1973; Section 173(2)– It is the police report which would enable the Magistrate to decide a course of action from the options available to him. The details of the offence and investigation are not supposed to be a comprehensive thesis of the prosecution case, but at the same time, must reflect …
Code Of Criminal Procedure, 1973; Section 482- At the time of examining the prayer for quashing of the criminal proceedings, the court exercising extra-ordinary jurisdiction can neither undertake to conduct a mini trial nor enter into appreciation of evidence of a particular case. The correctness or otherwise of the allegations made in the complaint cannot …
Priyanka Jaiswal vs State Of Jharkhand 2024 INSC 357 – S 498A IPC – S 482 CrPC Read More »
Code Of Criminal Procedure, 1973; Section 482 – High Court quashed an FIR – Allowing appeal, SC observed: High Court has hastily concluded that there is no evidence to show meeting of minds between the other accused persons and the Respondents which in our considered opinion, can only be decided after a thorough examination of …
State Of Odisha vs Nirjharini Patnaik @ Mohanty 2024 INSC 346 – S 482 CrPC Read More »
Code Of Criminal Procedure, 1973; Section 389 – The mere factum of sufferance of incarceration for a particular period, in a case where life imprisonment is imposed, cannot be a reason for invocation of power under Section 389 Cr.PC without referring to the relevant factors- Disposal of appeals against conviction, (especially in cases where life …
Code Of Criminal Procedure, 1973; Section 204– High Court set aside the summoning order against the accused person under Section 420 read with Section 120-B IPC- Allowing appeal, SC observed: For summoning of an accused, prima facie case is to be made out on the basis of allegations in the complaint and the pre-summoning evidence …
Aniruddha Khanwalkar vs Sharmila Das 2024 INSC 342 – S 204 CrPC – Summoning Of Accused Read More »
Code Of Criminal Procedure, 1973; Section 482- High Court quashed the First Information Report for the offence under Section 7(a) of the Prevention of Corruption Act – Allowing appeal, SC held: despite the accused having been exonerated in the departmental proceedings yet the competent authority, vide Annexure P3 proceeded to accord sanction for prosecution. The …
Sanju Ranjan Nayar vs Jayaraj 2024 INSC 331 – S 482 CrPC Read More »
Bail – Allowing appeal, SC cancelled bail of two accused and held that despite their period of incarceration of more than 10 years would not be entitled to grant of bail for their subsequent conduct for which they are facing separate trial.
Indian Penal Code, 1860; Section 498A –Practice of state machinery being misused for ulterior motives and for causing harassment to the other side deprecated- Quashed FIR U/S 498A IPC and imposed costs of 5 Lakhs.
Code Of Criminal Procedure, 1973; Section 482 -Merely because the charge-sheet is filed cannot be a ground for the High Court to not invoke its jurisdiction under Section 482 of the Cr.P.C.-The Court would not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in …
Code Of Criminal Procedure, 1973; Section 378,386– scope of interference by an appellate Court for reversing the judgment of acquittal recorded by the trial Court in favour of the accused has to be exercised within the four corners of the following principles:-(a) That the judgment of acquittal suffers from patent perversity; (b) That the same …