Section 162, Cr.P.C. contains a prohibition against obtaining the signature of witness whose statement is recorded during investigation. In State of U.P. v. M.K. Anthony , the Supreme Court observed that even if the signature of witness was obtained on the statement recorded by the investigating officer, Section 162 CrPC does not render his evidence inadmissible. “It …
Section 162 CrPC – Effect Of Statement Signed By Witness Read More »
In Shri Gurbaksh Singh Sibbia vs State of Punjab (1980) 2 SCC 565, the Constitution Bench of the Supreme Court, while upholding the constitutionality of Section 438 Cr.P.C., observed thus: Thirdly, the filing of a First Information Report is not a condition precedent to the exercise of the power under Section 438. The imminence of a likely arrest founded on …
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 »
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 …
Section 309 CrPC deals with power to postpone or adjourn proceedings : In every inquiry or trial the proceedings shall be continued from daytoday until all the witnesses in attendance have een examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded. Lt. Col. S.J. Chaudhary vs. State (Delhi Administration) [AIR …
Section 309 CrPC – Supreme Court Judgments On ‘Adjournments’ Read More »
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 »