Search Results for "Section 239 CrPC"

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Search Results for "Section 239 CrPC"

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Supreme Court

Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

2 Sep 2020

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

Supreme Court

Supreme Court Reinstates Prosecution of Public Servant and Spouse in Prevention of Corruption Act Case for Disproportionate Assets. High Court's Discharge Order Quashed as It Erred in Re-appreciating Evidence at Charge Framing Stage Under Section 239 CrPC, Failing to Consider Prima Facie Case Based on FIR and Charge Sheet Materials.

5 Sep 2022

The Supreme Court heard appeals by the State of Tamil Nadu against the Madras High Court's judgment discharging a public servant and his wife from pro...

Supreme Court

Supreme Court Dismisses CBI Appeals in Cotton MSP Scam Case — No Prima Facie Case for Cheating or Conspiracy Against Accused Farmers. CCI's Own Letter Confirmed No Loss Was Caused, and Purchases Were Made as Per MSP Guidelines.

1 Jan 2025

The Supreme Court dismissed the appeals filed by the CBI against the common order of the High Court of Andhra Pradesh, which had upheld the discharge ...

Supreme Court

Supreme Court Quashes High Court Order for De Novo Trial in Gang Rape and Abetment of Suicide Case - Separate Trials for Different FIRs Upheld. The High Court's direction to club trials under Section 223 CrPC and order fresh proceedings was set aside as the offences arose from distinct FIRs with separate investigation histories.

8 Oct 2021

The appeals arose from a High Court judgment that remitted orders of acquittal and conviction from two separate FIRs for fresh trial and directed club...

High Court

High Court of Karnataka Quashes Order Issuing Non-Bailable Warrant Against Accused in Dowry Case — Magistrate Failed to Apply Judicial Mind Before Issuing NBW. The court held that issuance of NBW is a serious matter affecting liberty and cannot be done mechanically under Section 482 CrPC and Article 226 of the Constitution.

19 Jul 2024

The petitioners, who are accused 1 to 6 in C.C. No. 44/2014 arising out of Crime No. 294/2013 registered at Bidadi Police Station, Ramanagara, for off...

Supreme Court

Supreme Court Dismisses Appeal by Police Officers in Criminal Case Due to Lack of Requirement for Prior Sanction. Allegations of Assault and Defamation Not Connected to Official Duties Under Section 197 CrPC and Section 170 Karnataka Police Act, 1963, Thus Sanction Not Mandatory.

3 Apr 2025

The dispute arose from a private complaint filed by the complainant against police officers, alleging assault, torture, defamation, and theft during i...

High Court

Bombay High Court Allows Accused's Petition, Holds First Informant Has No Right of Hearing at Discharge Stage Under Section 239 CrPC. The court clarified that the right of hearing is only available at the stage of framing of charge under Section 244 CrPC in warrant cases instituted otherwise than on a police report.

13 Feb 2012

The petitioners, accused in a warrant case instituted on a police report, filed an application for discharge under Section 239 CrPC. The first informa...

Supreme Court

Supreme Court Allows State Appeal Against Quashing of FIR in Forgery Case — Preliminary Inquiry Under Section 340 CrPC Not Mandatory Before Filing Complaint Under Section 195 CrPC. The Court held that the High Court erred in quashing the FIR on the ground that no preliminary inquiry was held and no opportunity was given to the accused, as Section 340 CrPC does not mandate such inquiry or hearing.

26 Feb 2020

The Supreme Court allowed the appeal filed by the State of Punjab against the judgment of the Punjab and Haryana High Court which had quashed FIR No. ...

Supreme Court

Supreme Court Dismisses Appeal Against Framing of Charges in Sexual Assault Case — Reiterates Limited Scope of Section 227/228 CrPC at Charge-Framing Stage

19 Aug 2019

The Supreme Court dismissed the appeal filed by Tarun Jit Tejpal against the judgment of the Bombay High Court at Goa, which had refused to discharge ...

Supreme Court

Supreme Court Allows Appeal by Lokayukta Police in Corruption Case: High Court Erred in Quashing Proceedings at Discharge Stage Based on Premature Application of Section 65B Evidence Act. The court held that the requirement of a certificate under Section 65B arises only at the time of production of electronic evidence during trial, not at the stage of discharge, and that preliminary inquiry using spy camera is permissible.

1 May 2019

The Supreme Court allowed the appeal filed by the State by Karnataka Lokayukta Police against the judgment of the Karnataka High Court which quashed c...

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