Search Results for "section 438 crpc"

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High Court of Karnataka Allows Revision Petition in Private Complaint Case — Trial Court Directed to Record Pre-Charge Evidence Under Section 200 CrPC Before Framing Charges. The Court held that in a private complaint, the Magistrate must record evidence before charge, following Rajanna v. Chayapathi.

The revision petitioner, accused in a private complaint case filed by the respondent/complainant under Sections 406, 420, 504, and 506 of the Indian P...

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Gujarat High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC for strangulation of wife set aside as prosecution failed to prove guilt beyond reasonable doubt.

The present appeal arises from Sessions Case No. 19/2015 decided by the learned 4th Additional Sessions Judge, Godhra, whereby the appellant-accused P...

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Supreme Court Sets Aside Bail Orders in Murder Case Due to Non-Application of Mind by High Court. Bail granted under Sections 302, 307, 147, 148, 149, 120-B IPC and Explosive Substances Act set aside for lack of proper consideration of evidence.

The appellant, the father of the deceased Ashfaque Ahmad, challenged two orders of the Allahabad High Court (Lucknow Bench) dated 23.09.2021 granting ...

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Bombay High Court Grants Anticipatory Bail to Corporator Accused of Extortion Using RTI Information. Prima Facie Case Not Made Out for Custodial Interrogation Under Section 438 CrPC.

The applicant, Dhananjay Vitthal Gawade, a sitting corporator of Vasai-Virar Municipal Corporation and an RTI activist, filed multiple anticipatory ba...

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Karnataka High Court Grants Anticipatory Bail to Husband in Dowry Harassment Case. Custodial Interrogation Not Required for Offences Under Section 498A IPC and Section 75 Juvenile Justice Act.

The petitioner, Mr. Somendra Paul, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bai...