Search Results for "section 397 crpc"

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Search Results for "section 397 crpc"

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Supreme Court

Supreme Court Reverses High Court's Quashing of FIR in Cross-Case Involving Assault and Wrongful Restraint - Limitation Period for Cognizance Commences from Date of Offence, Not Charge-Sheet Filing, Under Sections 468 and 469 CrPC, with Delay Condonable Under Section 473. Court Emphasizes That Negligence of Investigating Officer Should Not Benefit Accused, Especially in Cases of Cross-FIRs Arising from Same Incident.

9 Apr 2026

The dispute arose from cross-FIRs filed after an incident on 09.05.2011 involving the appellant-complainant and respondent-accused, an advocate. The a...

Supreme Court

Supreme Court Sets Aside Bail Granted by High Court in Murder Case Due to Non-Application of Mind. The High Court failed to consider prima facie evidence of 27 injuries and eye-witness statement under Section 439 CrPC, rendering the bail order illegal.

9 Aug 2019

The case arises from a judgment of the Rajasthan High Court granting bail to the first respondent, Rajesh Kumar @ Polia, and four other accused person...

Supreme Court

Supreme Court Sets Aside High Court Order Directing Complainant to Approach Sessions Court First in Revision, Restores Case for Merits Hearing. The Court declined to decide the question of concurrent revisionary jurisdiction under Section 397 CrPC due to the long pendency of the case since 2002 and the need for speedy justice.

8 Jan 2019

The case pertains to a criminal appeal arising from an order of the Delhi High Court dated 28.10.2014, which dismissed the revision petition filed by ...

High Court

High Court of Karnataka Dismisses Criminal Revision Petition in Maintenance Case Under Section 125 CrPC — Petitioner Fails to Prove Entitlement to Enhanced Maintenance. The court held that the trial court's order granting maintenance at Rs. 2,000 per month was not perverse or illegal, and the revision petition lacked merit.

31 Jul 2018

The petitioner, Mrs. Neelam Manmohan, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 19...

High Court

Bombay High Court Upholds Discharge of Railway Official in Fabrication Case for Lack of Sanction Under Section 197 CrPC. Complainant's Private Complaint for Offences Under Sections 193 and 204 IPC Fails as Accused Was a Public Servant Acting in Discharge of Official Duty.

6 Nov 2017

The applicant, Shailesh Kulkarni, was a railway contractor who had disputes with the railway authorities. During arbitration proceedings, a document w...

High Court

Bombay High Court Allows State's Petition, Holds Accused Cannot Cross-Examine Approver at Pre-Committal Stage Under Section 306(4) CrPC. The right to cross-examine the approver arises only after committal to the Court of Sessions, as the examination under Section 306(4) is for committal purposes only.

18 Apr 2016

The State of Maharashtra filed a writ petition challenging the order of the Additional Sessions Judge, Greater Mumbai, which allowed the respondents (...

High Court

Bombay High Court Quashes SDM Order Under Section 133 CrPC for Denial of Natural Justice — Remand for Fresh Hearing Ordered. Revisional Court Cannot Exercise Appellate Powers Under Section 401(1) CrPC.

30 Jan 2013

The petitioners, Shyam and Arvind Parate, operated Anushree Agro Industry (Poultry Centre) in Nagbhid, Chandrapur. The Sub-Divisional Magistrate, Bram...

High Court

Bombay High Court Quashes Magistrate's Order for Further Investigation in Cheating Case — Magistrate Cannot Direct Further Investigation Under Section 173(8) CrPC After Charge Sheet Filed Without New Material

21 Apr 2011

The applicants, Atul Shridhar Kaple and Shabbir Valli Zohebbhai Valli, filed an application under Section 482 of the Code of Criminal Procedure, 1973 ...

High Court

Bombay High Court Dismisses Revision Against Cancellation of Preliminary Order Under Section 145(1) CrPC — Magistrate's Satisfaction of Apprehended Breach of Peace Must Be Based on Material on Record

18 Aug 2005

The applicant, Grasim Industries Limited, filed a Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Proced...

High Court

High Court of Bombay at Goa Quashes Criminal Complaints for Lack of Sanction Under Section 197 CrPC — Directors of Government Company Held to be Public Servants. Prosecution under Section 138 NI Act Without Prior Sanction is Not Maintainable.

30 Nov -0001

The petitioners, M/s. Bandekar Brothers Pvt. Ltd. and M/s. Vasantram Metha & Company Pvt. Ltd., filed criminal writ petitions under Article 226 of the...

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