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Search Results for "summoning Magistrate"

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High Court

High Court of Karnataka Dismisses Defacto Complainant's Petition Seeking Summoning of Magistrate in POCSO Case Citing Absence of Signatures on Victim's Statement. Court Holds That Non-Signing of Section 164 Statement Does Not Vitiate Its Admissibility and Directs Expeditious Trial Completion.

3 Jul 2026

The matter pertained to a writ petition filed by the defacto complainant, the father of a minor girl who was allegedly sexually assaulted at Vibgyor H...

High Court

Bombay High Court Dismisses Appeals Challenging MPID Act Application in NSEL Scam Case — Held That MPID Act Applies to NSEL as a Financial Establishment and That Default in Repayment of Deposits Attracts Offences Under the Act.

7 Feb 2025

The judgment arises from multiple criminal appeals and interim applications filed by various parties, including directors, brokers, and financial inst...

Supreme Court

Supreme Court Quashes Summoning Order in Criminal Complaint Due to Non-Compliance with Section 202 CrPC. The Court held that when accused reside beyond the magistrate's jurisdiction, mandatory inquiry or investigation under Section 202(1) of the Code of Criminal Procedure, 1973 must precede summoning, and failure to do so renders the order illegal.

23 Feb 2024

The dispute arose from a private complaint filed by the complainant under Section 200 of the Code of Criminal Procedure, 1973, alleging offences under...

Supreme Court

Supreme Court Allows Appeal in Criminal Complaint for Alleged False Affidavit Under Representation of People Act — High Court Erred in Not Quashing Summoning Order as Complaint Did Not Disclose Offence Under Sections 420, 465-471 IPC. The Court held that the essential ingredients of cheating and forgery were not made out as the complaint did not allege any fraudulent or dishonest intention to deceive the Election Commission.

28 Apr 2023

The present appeals arise from a private complaint filed by the respondent-complainant before the learned ACJM, Hoshiarpur, alleging offences under Se...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Company and Its Officials in Breach of Trust Case Due to Lack of Prima Facie Evidence. The Court Held That Allegations of Forged Demand and Outstanding Amounts Pertained to Civil Disputes Under Dealership Agreements and Did Not Constitute Criminal Breach of Trust Under Section 406 Indian Penal Code, 1860.

2 Jan 2023

The appeal arose from criminal proceedings initiated by a private complaint alleging criminal breach of trust under Section 406 IPC against Jotun Indi...

Supreme Court

Supreme Court Allows Appeal Against Summoning Under Section 319 CrPC After Judgment of Conviction. Trial Court Cannot Summon Additional Accused After Pronouncing Judgment as It Becomes Functus Officio.

5 Dec 2022

The Supreme Court considered the appeal against the summoning of Sukhpal Singh Khaira as an additional accused under Section 319 CrPC after the trial ...

Supreme Court

Supreme Court Quashes Summons Against Accused Not Named in Police Report Under Section 190(1)(b) CrPC. Magistrate Cannot Summon Persons Not Named in Police Report or Column (2) of Report, Proper Course is Under Section 319 CrPC After Evidence Collection.

16 Mar 2022

The Supreme Court addressed an appeal concerning the power of a Magistrate to summon an individual not named in a police report under Section 190(1)(b...

Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

Supreme Court

Supreme Court Upholds Magistrate's Summoning Order in Hawala Case — High Court's Revision Order Set Aside. Court holds that at the stage of taking cognizance under Section 190(1)(b) CrPC, the Magistrate need not record detailed reasons; sufficiency of grounds is to be assessed from the charge sheet and accompanying documents.

8 Feb 2019

The Supreme Court allowed the appeal filed by the State of Gujarat against the judgment of the Gujarat High Court which had set aside the order of the...

High Court

High Court of Karnataka Examines Validity of Registration and Summoning Orders in Multiple Cases Under Karnataka Police Act Section 78(3). Petitioner Seeks Quashing of Criminal Proceedings Alleging Procedural Irregularities.

25 Jul 2014

The petitioner approached the High Court under Section 482 of the Code of Criminal Procedure, 1973, seeking to set aside the orders registering crimin...

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