Search Results for "section 438 crpc"

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Search Results for "section 438 crpc"

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High Court

High Court of Karnataka Allows Revision Petition in Private Complaint Case — Trial Court Directed to Record Pre-Charge Evidence. Failure to Record Evidence Before Charge in a Private Complaint Case Violates Section 200 CrPC and Mandates Remand.

30 Jun 2026

The case arises from a private complaint filed by the respondent/complainant against the revision petitioner/accused for offences punishable under Sec...

High Court

High Court Quashes FIR Against Applicant in Money Lending and Abetment to Suicide Case — No Specific Allegations and Essential Ingredients of Section 107 IPC Not Satisfied. FIR under Gujarat Money Lending Act and IPC quashed as mere money transaction and demand for repayment does not constitute abetment to suicide.

13 Mar 2026

The applicant, Arpit @ Appu Ramanbhai Parera, filed a Criminal Misc. Application under Section 482 CrPC seeking quashment of FIR No.11204047210512/202...

High Court

High Court of Karnataka Dismisses Petition to Cancel Bail in POCSO Case — No Supervening Circumstances or Violation of Bail Conditions Established. The court held that cancellation of bail under Section 439(2) CrPC requires strong grounds such as misuse of liberty or violation of conditions, which were not present.

11 Oct 2023

The petitioner, the informant/victim, filed a petition under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Ka...

Supreme Court

Supreme Court Allows Anticipatory Bail in IPC Offences Case After High Court Rejection. Appellant Granted Bail Under Section 438 CrPC with Conditions Despite Charges Under Sections 376, 328, 506, 313 IPC, Considering Entirety of Situation and Prolonged Interim Protection.

7 Mar 2022

The appeal arose from the High Court of Delhi's rejection of an anticipatory bail application filed by the appellant under Section 438 of the Code of ...

High Court

Karnataka High Court Grants Bail to Accused in POCSO and SC/ST Act Cases Due to Inconsistent Statements of Victim and Lack of Prima Facie Case. The court found that the victim's contradictory statements under Sections 161 and 164 CrPC regarding age and assault undermined the prosecution's case, leading to bail under Section 439 CrPC.

26 Nov 2020

The petitioner, Hanumantha Mogaveera, filed two criminal petitions under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No...

High Court

High Court Grants Anticipatory Bail to Accused in Rape Case Based on Love Affair and Promise to Marry. Petitioner Alleged to Have Committed Sexual Intercourse on False Promise of Marriage Under Sections 376 and 417 IPC; Court Finds Custodial Interrogation Unnecessary Given Long-Standing Relationship and Delay in Complaint.

6 Jul 2020

The petitioner, Kiran.V, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bail in conne...

High Court

High Court Grants Anticipatory Bail to Accused in Child Marriage and Rape Case — Prima Facie Case Not Made Out as Victim Eloped Willingly and Age Disputed. The court held that custodial interrogation was not required and granted bail with conditions under Section 438 CrPC, considering the voluntary nature of the relationship and disputed age of the victim.

6 Jul 2020

The petitioners, accused Nos. 1 to 5 in Crime No. 186/2020 of Chintamani Police Station, filed a criminal petition under Section 438 of the Code of Cr...

High Court

High Court Grants Anticipatory Bail to Accused in Rape and POCSO Case Based on Consensual Relationship and Delay in FIR. The court held that where the FIR is lodged after an inordinate delay and the allegations indicate a consensual relationship, the accused is entitled to anticipatory bail under Section 438 CrPC.

1 Jul 2020

The petitioner, Praveen Kumar B.C., filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in ...

High Court

Bombay High Court at Goa Dismisses Application for Cancellation of Anticipatory Bail and Declines Inquiry Against Sessions Judge for Delay. Court Lays Down Guidelines for Expeditious Disposal of Anticipatory Bail Applications Under Section 438 CrPC.

20 Dec 2012

The applicant, Kashinath Jairam Shetye, filed a criminal application before the Bombay High Court at Goa seeking cancellation of anticipatory bail gra...

High Court

Bombay High Court Clarifies Magistrate's Power to Grant Bail in Sessions Triable Cases Under Section 437 CrPC. The court held that a Judicial Magistrate can grant bail in offences exclusively triable by the Sessions Court, subject to the limitations under the proviso to Section 437(1) CrPC.

29 Mar 2005

The petitioner, Sanjay Narhar Malshe, filed a Criminal Writ Petition before the Bombay High Court challenging an FIR registered against him. However, ...

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