Search Results for "cognizance versus charge"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "cognizance versus charge"

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High Court

Bombay High Court Allows Quashing of Chargesheet in Attempt to Murder Case Due to Settlement Between Parties. The Court held that continuation of criminal proceedings arising from a personal dispute, where the complainant had settled the matter and no longer wished to prosecute, would be an abuse of process of law, and quashed the chargesheet under Section 482 CrPC despite the offences being non-compoundable.

3 May 2023

The Bombay High Court at Aurangabad, in Criminal Application No.2081 of 2021, considered an application under Section 482 of the Code of Criminal Proc...

High Court

Bombay High Court Quashes FIR and Magistrate's Order in Cooperative Bank Directors' Case — Abuse of Process and Lack of Sanction Under Section 197 CrPC. Criminal proceedings under Sections 406, 468, 477A IPC read with Section 34 IPC quashed as the Magistrate ignored the High Court's earlier order restoring the complaint for consideration under Section 202 CrPC, and the directors being public servants required sanction for prosecution.

19 Aug 2013

The applicants, nine directors of a cooperative bank, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qu...

High Court

Bombay High Court Allows Amendment in Cheque Dishonour Complaint Under Section 138 NI Act — Amendment Sought to Correct Date of Cheque Presentation Does Not Change Nature of Complaint. The court upheld the Magistrate's order allowing amendment to correct typographical error in date of cheque presentation, holding that no prejudice was caused to the accused.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 20.04.2013 passed by th...

High Court

Bombay High Court Quashes NDPS Prosecution for Lack of Sanction Under Section 36A(2) of NDPS Act — Cognizance by Special Court Without Valid Sanction Held Illegal. The court held that the mandatory requirement of previous sanction under Section 36A(2) of the NDPS Act was not complied with, rendering the entire prosecution void.

9 Feb 2015

The applicants, Shailesh Kanada (accused No.3) and Kailash Rajput (accused No.2), were prosecuted in NDPS Special Case No.51/13 pending before the Spe...

Supreme Court

Supreme Court Dismisses Appeal of Police Officers in Murder Case Due to Lack of Sanction Requirement Under Section 197 CrPC. Subordinate Police Officers Were Not Entitled to Sanction Protection as They Were Not Removable Only with Government Sanction Under Section 197(1), and a 2010 Notification Extending Section 197(2) Protection Did Not Apply Retrospectively to Cognizance Taken in 2001.

1 Apr 2026

The appeal arose from a criminal case where the appellants, police officers, were accused of murdering the complainant's husband during election duty....

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 Reverses High Court's Quashing of FIR and Summons in SC/ST Act Case Due to Erroneous Interpretation of Magistrate's Jurisdiction and Sanction Requirements. Magistrate Retains Power to Take Cognizance Under Amended Section 14 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sanction Under Section 197 of Code of Criminal Procedure, 1973 Not Required for Acts Not in Discharge of Official Duties.

26 Oct 2021

The dispute arose from an FIR registered by the appellant, a complainant, against police officers for offences under the Indian Penal Code and the Sch...

High Court

Bombay High Court Quashes Non-Bailable Warrant Against Accused in MCOCA Case for Lack of Jurisdiction — Warrant Issued Without Proper Application of Mind and Without Considering That Accused Was Not Absconding. The Court held that issuance of warrant under Section 70 CrPC requires satisfaction that accused is absconding or will not obey summons, and the Special Court under MCOC Act cannot issue warrant mechanically.

22 Feb 2005

The petitioner, Prakash Rasiklal Dhariwal, filed a Criminal Writ Petition challenging the non-bailable warrant issued against his father, Rasiklal Dha...

High Court

Bombay High Court Considers Quashing of Process for IPC Offences and Directions for Police Inaction in Family Property Dispute. Court Examines Scope of Inherent Powers Under Section 482 CrPC and Article 227 of Constitution to Quash Complaint Where Allegations Disclose Prima Facie Offence of Assault and Threat.

1 Jan 1970

Background: The proceedings arose from a family property dispute following the demise of the husband of accused No. 3. Accused No. 3 alleged that the ...

High Court

Bombay High Court Acquits Accused in Obstruction and Outraging Modesty Case — Complainant Not a Public Servant Under Section 21 IPC for Section 186 IPC. Conviction under Sections 341, 186, 509 IPC set aside as essential ingredients not proved.

12 Apr 2019

The case arises from a criminal revision filed by two accused, Gajanan and Ramchandra Satpute, challenging their conviction by the Judicial Magistrate...

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