Search Results for "cognizance versus charge"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "cognizance versus charge"

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High Court

Bombay High Court Grants Default Bail to Accused in MCOCA Case for Non-Filing of Chargesheet Within 90 Days. Section 167(2) CrPC Default Bail Entitlement Not Extinguished by Subsequent Filing of Chargesheet After Application.

23 Dec 2022

The petitioners, seven individuals arrested in connection with Crime No.47/2022 for offences under Sections 302, 307, 324, 143, 147, 148 read with Sec...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Former Chief Minister in Corruption Case Due to Non-Compliance with Statutory Pre-Condition. Investigation under Prevention of Corruption Act, 1988 was invalid as prior approval under Section 17A was not obtained, rendering the FIR and remand order liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973.

16 Jan 2024

The dispute involved a former Chief Minister of Andhra Pradesh challenging criminal proceedings initiated against him by the State CID for alleged off...

High Court

Bombay High Court Quashes Investigation Order Against Chief Secretary in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act. Court held that no court can take cognizance of an offence under the Act without prior sanction for prosecution of a public servant, and the order under Section 156(3) CrPC directing investigation was invalid as it effectively bypassed the mandatory sanction requirement.

22 Apr 2019

The applicant, UPS Madan, who was the Additional Chief Secretary (Finance) and later Chief Secretary of Maharashtra, filed an application under Sectio...

High Court

Bombay High Court Quashes Criminal Proceedings in Motor Vehicle Accident Case Due to Inordinate Delay and Non-Filing of Charge Sheet — Section 482 CrPC Invoked to Prevent Abuse of Process

20 Apr 2016

The applicant, Nitin Baliram Kharatmol, a driver by profession, was involved in a motor vehicle accident on 30th November 2005, leading to the registr...

Supreme Court

Supreme Court Allows CBI Appeal Against Quashing of FIR in Foreign Contribution Case — High Court Erred in Adjudicating Disputed Facts Under Section 482 CrPC. Offence Under FCRA 1976 Not Compoundable Under FCRA 2010.

1 Jan 2019

The Supreme Court allowed the appeal filed by the Central Bureau of Investigation (CBI) against the judgment of the Delhi High Court quashing the FIR,...

High Court

Bombay High Court Quashes Criminal Proceedings in SC/ST Atrocities Case Due to Lack of Public View Element and Inconsistent Evidence. The court held that the incident near a closed vegetable market at 7 p.m. was not in public view, and the allegations did not satisfy the ingredients of Sections 3(1)(x) and 3(1)(xi) of the SC/ST Act or Section 294 IPC.

21 Aug 2012

The petitioner, Dattaprabhu Joshi, filed a criminal writ petition under Article 227 of the Constitution and Section 482 of the Code of Criminal Proced...

Supreme Court

Supreme Court Quashes Cognizance in Bihar Excise Case — Private Vehicle Not a Public Place Under Section 53(a) of Bihar Excise (Amendment) Act, 2016. Consumption of liquor in a private vehicle does not constitute an offence under Section 53(a) as the vehicle is not a 'public place' under the Act.

10 May 2019

The appellants, all Rotarians, were travelling from Giridih, Jharkhand to Patna, Bihar in a private vehicle to attend a Rotary Club meeting on 25.06.2...

Supreme Court

Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

1 Jan 1970

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

Supreme Court

Supreme Court Upholds Accused's Right to Default Bail in Pre-Charge Sheet Detention; Holds 60-Day Limit Applies Unless Offence Carries Minimum 10 Years' Imprisonment. Interpretation of 'imprisonment for a term not less than ten years' in Section 167(2) CrPC resolved in favor of personal liberty, entitling accused to statutory bail when charge sheet not filed within 60 days.

1 Jan 1970

The case arose from a petition under Article 136 of the Constitution challenging orders of the Gauhati High Court rejecting bail to the petitioner. Th...

High Court

Bombay High Court Quashes Criminal Proceedings in Cross-Complaints for Lack of Sanction Under Section 197 CrPC. Dispute Between Business Partners Over Alleged Theft and Assault Cannot Proceed Without Prior Sanction as Complainants Were Public Servants Acting in Discharge of Official Duty.

5 Feb 2018

The judgment involves three interconnected criminal applications arising from cross-complaints between two groups. The applicants in Cri.Appln.2544/20...

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