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Supreme Court Hears Batch of Writ Petitions Challenging Constitutional Validity of Criminal Defamation Laws. The Petitioners Contend that Sections 499 and 500 IPC and Section 199 CrPC Violate Fundamental Right to Freedom of Speech and Expression Under Article 19(1)(a) of the Constitution of India.

The Supreme Court heard a batch of writ petitions filed under Article 32 of the Constitution, with Subramanian Swamy as the lead petitioner, challengi...

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Supreme Court Dismisses Appeal in Forgery Complaint Case Upholding Bar Under Section 195 CrPC. Private Complaint Alleging Forgery of Documents Later Filed in Court Proceedings Held Barred Unless Filed by Court in Writing, Appellant Directed to Proceed Under Section 340 CrPC.

The appeal arose from a narrow canvass concerning a private complaint alleging forgery. The appellant had filed a complaint against the respondents al...

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Supreme Court Allows Appeal for Cancellation of Bail in Murder Conviction Case Due to Subsequent Offence and Judicial Pressure. Bail revocation sought under Section 389(1) CrPC based on new FIR alleging murder and prior convictions, with court noting judicial officer's pressure from police and accused.

The appeal arose from an order of the High Court of Madhya Pradesh dated 23 July 2019, which declined to entertain applications for cancellation of ba...

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Bombay High Court Quashes Criminal Proceedings in Forgery and Cheating Case Due to Lack of Sanction Under Section 195 CrPC. Complaint Alleging Forged Medical Certificates Used for Bail Cannot Proceed Without Proper Sanction as Offences Under Sections 191-193 IPC Are Cognizable Only on Complaint by Court.

The petitioner, Rajiv S Modi, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Cr...

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Bombay High Court Quashes Process Under Section 193 IPC Against Accused in False Statement Case — Statements Made in Departmental Enquiry Not Before Court of Law. Section 193 IPC Requires False Evidence in Judicial Proceedings; Statements Before Departmental Enquiry Do Not Attract Offence.

The petitioner, Appasaheb Baburao Shinde, was the original accused No.4 in a complaint filed by respondent No.2, Sachin Mahadeo Vaidya, before the Jud...

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Bombay High Court Quashes Criminal Complaint Against Company Directors Due to Section 195(1)(b)(i) CrPC Bar. Allegations of Filing False Affidavits and Documents in Court Proceedings Required Court's Written Complaint, Not Private Complaint Under Section 156(3).

The dispute arose from a criminal complaint filed by Shree Hari Rice & Agro Ltd. (respondent no.1) against M/s Lan Eseda Industries Ltd. (petitioner) ...

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Supreme Court Dismisses Appeal Against Conviction Under Section 353 IPC for Assaulting Public Servants. Court Holds That Section 195 CrPC Does Not Bar Trial for Distinct Offence of Assault on Public Servant, Even Though Same Facts Also Constituted Obstruction Under Section 186 IPC.

The case arose from an incident where the appellants obstructed and assaulted two public servants who were executing a decree of a civil court. The ap...

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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.

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...