Search Results for "section 438 crpc"

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Search Results for "section 438 crpc"

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Supreme Court

Supreme Court Dismisses Appeals of IAS Officer in Government Land Misuse Case — Quashing of FIR and Anticipatory Bail Denied. Allegations of criminal breach of trust under Section 409 IPC and abuse of official position under Section 219 IPC prima facie made out; no ground to interfere with High Court orders.

3 Mar 2025

The appellant, Pradip N. Sharma, a retired IAS officer, challenged two orders of the Gujarat High Court: one dismissing his petition under Section 482...

High Court

Supreme Court Dismisses Appeals of Former IAS Officer in Government Land Misuse Case — Quashing of FIR and Anticipatory Bail Denied. Allegations of criminal breach of trust and abuse of official position under Sections 409, 219, 114 IPC upheld as requiring investigation.

3 Mar 2025

The appellant, a former IAS officer and District Collector of Rajkot, Gujarat, was accused in FIR No. 33/2011 registered on 12.05.2011 at Tankara Poli...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in Bank Fraud Case Due to Cooperation and No Custodial Interrogation Required. Petitioners Allegedly Induced Bank to Sanction Loans Based on Forged Documents, but Court Found No Need for Custody as Documents Already Seized and Petitioners Cooperated.

22 Oct 2024

The petitioners, Rudhir Sareen, Saurav Vinay Jain, and Kamlesh Hari Kochra, filed separate writ petitions under Article 226 of the Constitution of Ind...

Supreme Court

Supreme Court Issues Comprehensive Guidelines to Combat Child Marriage in India — Emphasizes Constitutional Rights and International Obligations. The Court held that child marriage violates fundamental rights and directed stronger enforcement of the Prohibition of Child Marriage Act, 2006, along with preventive and support measures.

18 Oct 2024

The Supreme Court of India delivered a landmark judgment in a public interest litigation filed by the Society for Enlightenment and Voluntary Action, ...

Supreme Court

Supreme Court Allows State Appeal in UAPA Jurisdiction Case — Sessions Court Has Power to Add UAPA Offences When No Special Court Notified by State Government. The Court held that under Section 22(3) of the NIA Act, the Sessions Court is the exclusive trial court for UAPA offences when no Special Court is constituted by the State Government, and the Chief Metropolitan Magistrate retains remand jurisdiction.

1 Jan 2024

The State of West Bengal appealed against the Calcutta High Court's order quashing proceedings under the Unlawful Activities (Prevention) Act, 1967 (U...

High Court

High Court Grants Anticipatory Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Intent to Humiliate on Caste Basis. Land Dispute Background and Absence of Specific Caste-Based Intent Led to Bail Under Section 438 CrPC.

13 Jul 2020

The petitioners, T N Venkateshappa, V. Arun Kumar, and Smt. Roopa, filed a criminal petition under Section 438 CrPC seeking anticipatory bail in Crime...

High Court

High Court Grants Anticipatory Bail to Government Teacher in Assault Case — Doubts Propriety of Section 307 IPC Invocation. The court found that injuries were not grievous and the petitioner had no flight risk, allowing bail under Section 438 CrPC.

10 Jul 2020

The petitioner, Sri Prakasha B.S., a government school teacher, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (C...

High Court

High Court Grants Anticipatory Bail to Accused in Attempt to Murder Case Due to Family Dispute and Lack of Prima Facie Evidence. Court Held That Custodial Interrogation May Not Be Necessary Under Section 438 CrPC.

8 Jul 2020

The petitioners, including Sri Gopal and his family members, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC...

High Court

High Court of Karnataka Grants Anticipatory Bail to Seven Accused in Police Assault Case — No Prima Facie Case Under Section 307 IPC Made Out. Court Held That Absence of Grievous Injury and Lack of Intent to Kill Justifies Bail Under Section 438 CrPC.

3 Jul 2020

This is a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) filed by seven petitioners seeking anticipatory bail in c...

High Court

High Court Grants Anticipatory Bail to Accused in Abetment of Suicide Case — Quarrel Between Neighbors Not Sufficient to Attract Section 306 IPC. The court held that the mere allegation of calling the deceased a prostitute does not constitute instigation to commit suicide under Section 306 IPC, and granted anticipatory bail under Section 438 CrPC.

1 Jul 2020

This is a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) filed by four petitioners (accused 1, 3, 6 and 7) seeking...

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