Search Results for "section 438 crpc"

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Search Results for "section 438 crpc"

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High Court

Gujarat High Court Quashes FIR in Abetment of Suicide Case Due to Lack of Proximate Link and Inordinate Delay. Partnership Business Losses Not Sufficient to Attract Section 306 IPC Without Direct Instigation or Active Abetment.

18 Mar 2026

The applicant, Hareshbhai Karshanbhai Kakadiya (Patel), filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure...

High Court

Gujarat High Court Dismisses Bank's Revision to Cancel Anticipatory Bail in Cheating Case — No Misuse of Bail or Supervening Circumstances Established. Bail Cancellation Requires Misuse of Liberty or New Adverse Facts, Not Mere Failure of Co-Accused to Repay.

13 Mar 2026

The Ahmedabad Peoples Cooperative Bank Ltd. (in liquidation) filed three criminal revision applications under Section 397 read with Section 401 of the...

High Court

Bombay High Court Grants Anticipatory Bail to Applicants in NDPS Case — No Recovery from Applicants, Only Co-accused. Section 37 NDPS Act Not Attracted as Applicants Not Found in Conscious Possession of Contraband.

30 Sep 2025

The applicants, Hetan Ram Gangwani and Yash Ram Gangwani, filed an application under Section 438 of the Code of Criminal Procedure, 1973, seeking anti...

High Court

High Court of Karnataka Upholds Conviction and Sentence Enhancement in Rash Driving Death Case. Concurrent findings of fact based on eyewitness testimony and medical evidence cannot be interfered with in revision; sentence of two months for death by negligence under Section 304(A) IPC enhanced to one year.

21 Apr 2025

The petitioner, Gousmodin S/o Abdulrehaman Mulla, was convicted by the Additional Civil Judge & JMFC, Haveri, in C.C.No.687/2012 for offences under Se...

High Court

Bombay High Court Quashes Suo Moto Revision by Sessions Judge in Arrest Permission Case — No Cause or Reason for Exercise of Revisional Powers. Sessions Judge's Suo Moto Revision of Magistrate's Order Permitting Night Arrest of Female Accused Quashed for Lack of Any Trigger or Reason, as Neither Party Was Aggrieved.

1 Oct 2024

The Bombay High Court at Nagpur was faced with a criminal writ petition challenging the suo moto invocation of revisional jurisdiction by the learned ...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Matrimonial Dispute Due to Compromise Between Husband and Wife. Proceedings under Sections 498A, 420 IPC and Sections 3, 4 of Dowry Prohibition Act, 1961 quashed as continuation would be an abuse of process of law.

19 Jul 2024

The petitioner-husband filed a petition under Section 482 CrPC seeking quashing of criminal proceedings in C.C.No.24483/2018 arising from Crime No.112...

Supreme Court

Supreme Court Allows Bail in Elgar Parishad Case: High Court Erred in Remanding Bail Application Without Considering Merits Despite Supplementary Chargesheet. The Court held that the High Court must consider the entire material, including supplementary chargesheet, while exercising its bail jurisdiction under Section 439 CrPC, and the bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967 requires a prima facie assessment of the accusation.

15 Apr 2024

The appellant, Shoma Kanti Sen, was arrested on 06.06.2018 in connection with FIR No. 04/2018 registered at Vishrambaug Police Station, Pune, alleging...

High Court

Bombay High Court at Goa Dismisses Anticipatory Bail Applications in NDPS Act Case Involving Commercial Quantity of Ganja. Court held that the twin conditions under Section 37 of the NDPS Act bar the grant of anticipatory bail when there are reasonable grounds to believe the accused is guilty and the quantity is commercial.

19 Jan 2024

The judgment pertains to two criminal anticipatory bail applications filed by the same applicant, who was apprehending arrest in connection with offen...

High Court

High Court of Bombay at Goa Quashes FIR Against BSNL Officers in SC/ST Act Case — No Intent to Humiliate or Insult Complainant. Adverse remarks made by superior officers in official capacity do not attract Section 3(1)(ix) of SC & ST (Prevention of Atrocities) Act, 1989 or Section 167 IPC.

21 Aug 2023

The judgment concerns two criminal writ petitions filed by officers of Bharat Sanchar Nigam Limited (BSNL) seeking quashing of FIR No. 98/2017 registe...

High Court

Bombay High Court Grants Anticipatory Bail to Mother-in-Law in Dowry Death Case Due to Delay in FIR Registration and Suspicious Dying Declaration. The court held that the unexplained delay in lodging the FIR and the suspicious nature of the dying declaration warranted the grant of anticipatory bail under Section 438 CrPC.

23 Feb 2012

The applicant, Sau Vatsalabai Ghanwat, filed an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connect...

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