Search Results for "section 439 crpc"

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High Court of Karnataka Quashes FIR in Rape Case Due to Lack of Prima Facie Evidence and Malafide Prosecution. Allegations of Rape on False Promise of Marriage Found Baseless as Relationship Was Consensual and Complaint Filed After Civil Dispute.

The petitioner, Arunkumar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) and Section 528 of the Bharatiya...

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High Court of Karnataka Dismisses State's Petition to Cancel Bail in Rape Case — No Supervening Circumstances or Misuse of Bail Found. The court held that cancellation of bail under Section 439(2) CrPC requires supervening circumstances or misuse of liberty, not mere disagreement with the bail order.

The State of Karnataka, through Alur Police, filed a petition under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC) seeking cancellation...

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Supreme Court Dismisses Appeal Against High Court's Enhancement of Sentence on Reversal of Acquittal. High Court's Power Under Section 423(1)(a) CrPC to Impose Any Sentence Within Magistrate's Competence Upheld.

The case arose from a criminal incident where the appellants were charged under Sections 147, 447, and 325 read with 149 of the Indian Penal Code for ...

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Supreme Court Quashes High Court's CBI Investigation Direction in Bail Application Due to Jurisdictional Overreach. High Court Exceeded Limits Under Section 439 CrPC by Issuing CBI Directions After Granting Bail, Without Exceptional Circumstances Required Under Article 226.

The State of Uttar Pradesh appealed against directions issued by a learned Single Judge of the High Court in a bail application. The High Court had di...

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High Court of Karnataka Grants Bail to Accused No.5 in Gang Rape and Attempt to Murder Case — Petitioner Enlarged on Bail with Conditions. The court considered the role of the petitioner, completion of investigation, and period of custody under Section 439 CrPC.

The petitioner, M. Madhukumar @ Maribond, was arraigned as Accused No.5 in Crime No.38/2019 of Kuvempunagar Police Station, Mysuru, for offences punis...

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Supreme Court Allows Complainant's Appeal in Criminal Quashing Case — High Court Erred in Quashing Criminal Proceedings Under Section 482 CrPC Without Considering Prima Facie Case. Allegations of Forgery and Cheating in Sale Deed Execution Require Trial, Not Quashing at Threshold.

The appellant-complainant lodged a private complaint against the private respondents alleging offences under Sections 120B, 201, 419, 471, 468 and 420...

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Karnataka High Court Grants Bail to Accused in POCSO and Rape Case — Victim's Age Discrepancy and Consensual Relationship Considered. Court held that the victim was above 16 years and the relationship was consensual, warranting bail under Section 439 CrPC.

The petitioner, Mr. Rahul @ Nayaz Pasha, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in ...