Search Results for "section 323 CrPC"

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High Court

Bombay High Court Quashes Criminal Proceedings for Section 354 IPC Due to Inherent Contradictions and Delayed Allegation of Outraging Modesty. The court found that the initial non-cognizable report did not mention any act of outraging modesty, and the subsequent FIR introduced the allegation without explanation, making the prosecution an abuse of process under Section 482 CrPC.

16 Dec 2025

The applicant, Sanjay Pandurang Singhan, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal ...

High Court

High Court of Karnataka Considers Validity of Supplementary Charge Sheet Under Section 173(8) CrPC After Judicial Discharge of Accused in Property Forgery Matter. The core issue is whether prosecution can file a supplementary charge sheet resurrecting a discharged accused, circumventing the provisions of Section 319 CrPC.

5 Jul 2024

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High Court

High Court of Bombay at Goa Allows Accused's Petition for Cross-Examination in NI Act Case — Rejection of Section 145(2) Application Set Aside. The Court held that once the accused discloses specific defence in an application under Section 145(2) of the Negotiable Instruments Act, 1881, the Magistrate must allow the application and grant an opportunity for cross-examination.

26 Feb 2024

The Petitioner, Narayan Shivdas Kadam, was an accused in a complaint filed by M/S Shriram Transport Finance Co. Ltd. under Section 138 of the Negotiab...

Supreme Court

Supreme Court Allows Appeal in SC/ST Act Case — Summoning Order Under Section 319 CrPC Set Aside for Lack of Sufficient Evidence. Court holds that mere naming of accused in witness deposition without corroboration or satisfaction of higher standard under Section 319 CrPC cannot justify summoning.

1 Jun 2022

The Supreme Court allowed the appeal filed by Jitendra Nath Mishra against the order of the Allahabad High Court dated 1st June 2022, which had dismis...

High Court

Bombay High Court Upholds Committal of Accused to Sessions Court in IPC Section 353 Case Due to State Amendment Enhancing Punishment. Amendment by Maharashtra Act 40 of 2018 reclassifies offence as triable by Sessions Court, and Section 323 CrPC mandates committal even if trial is at final stage.

8 Dec 2021

The petitioner, Kedar Rayjirao Salunke, was being prosecuted for offences punishable under Sections 353, 504, and 506(2) of the Indian Penal Code (IPC...

High Court

Bombay High Court Quashes Criminal Proceedings in Dowry Harassment Case Due to Settlement Between Parties. Section 482 CrPC invoked to quash FIR under Sections 498-A, 323, 504, 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, as parties amicably settled disputes and complainant no longer wished to prosecute.

18 Mar 2021

The applicant, Supriya Raju @ Rajkumar Biradar, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Re...

Supreme Court

Supreme Court Dismisses Review Petition Against Death Sentence in Rape and Murder of Two Children. Conviction Under Sections 302, 376(2)(f),(g) and 201 IPC Upheld as Rarest of Rare Case.

7 Nov 2019

The review petitions were filed by Manoharan, the sole surviving accused, against the judgment of the Supreme Court dated 01.08.2019 which affirmed hi...

Supreme Court

Supreme Court Sets Aside Remand Order in Murder Case, Directs High Court to Decide Appeal on Merits — Child Witness Competency Erroneously Assessed by Trial Court. The Court held that the trial court's refusal to record evidence of child witnesses solely because they did not know the judge was manifestly erroneous, but remand after five years would cause prejudice; hence the High Court must decide the appeal on existing evidence.

10 May 2019

The appellant, P Ramesh, was convicted by the Sessions Judge, Fast Track Mahila Court, Virudhunagar District at Srivilliputtur for the murder of his w...

Supreme Court

Supreme Court Sets Aside High Court Order Quashing FIR for Attempt to Murder Based on Compromise. High Court Mechanically Exercised Inherent Powers Under Section 482 CrPC Without Considering Gravity of Offence Under Section 307 IPC and Its Social Impact.

27 Mar 2019

The State of Madhya Pradesh appealed against the High Court's order quashing criminal proceedings against Laxmi Narayan and others for offences under ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Police Officer in SC/ST Act Case for Lack of Sanction Under Section 197 CrPC. Initiation of prosecution against a public servant without prior sanction under Section 197 CrPC is void ab initio.

22 Aug 2014

The petitioner, Sri Labhuram, a Deputy Commissioner of Police (Crime) in Bangalore, filed a petition under Section 482 CrPC seeking to quash the order...

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