Search Results for "cognizance versus charge"

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Search Results for "cognizance versus charge"

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High Court

High Court Sets Aside Magistrate's Process Order in Matrimonial Offence Case Due to Lack of Judicial Application of Mind. Magistrate's Order Issuing Process Under Sections 498A, 406 read with Section 34 IPC Quashed as Mechanical, Matter Remanded for Reconsideration to Ensure Proper Scrutiny.

23 Mar 2026

The dispute arose from a criminal case initiated by the complainant, the wife, against her in-laws, the petitioners, alleging offences under Sections ...

High Court

Bombay High Court Dismisses Habeas Corpus Petition of Police Officer in NIA Case — Detention Held Valid Despite Procedural Challenges. Court finds no violation of Section 45 CrPC, Section 167 CrPC, or Section 309 CrPC as consent was not required, first remand by Special Judge was valid, and remand continued through cognizance and subsequent orders.

6 Mar 2025

The petitioner, Sachin Hindurao Waze, a police officer, was arrested by the NIA on 13 March 2021 in connection with three interconnected incidents: th...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Hostel Owner in Raid Case Due to Procedural Bar Under Section 195 CrPC and Lack of Ingredients for Section 353 IPC. Court holds that cognizance under Section 186 IPC without written complaint by public servant is barred, and FIR under Section 353 IPC lacked allegations of assault or criminal force.

6 Jan 2025

The appellant, B.N. John, was the owner and manager of a hostel run by Sampoorna Development India for underprivileged children. On 03.06.2015, offici...

Supreme Court

Supreme Court Dismisses State Appeal in Gujarat Control of Terrorism and Organised Crime Act Case — Continuing Unlawful Activity Requires Post-Promulgation Offence. The Court held that the prosecution must prove that the accused committed an organised crime after the Act came into force, and mere prior charge-sheets are insufficient to invoke the Act.

15 Dec 2022

The State of Gujarat appealed against the High Court's order granting bail to the respondent-accused, Sandip Omprakash Gupta, who was charged under Se...

High Court

Bombay High Court Dismisses Application to Quash Order Refusing FIR Registration in Environmental Violation Case — Section 19 of Environment (Protection) Act, 1986 Bars Private Complaints Without Government Sanction. The court held that Section 19 does not bar police from registering an FIR, but the applicant's complaint lacked specific allegations of violation of the Act or rules.

22 Oct 2019

The applicant, Pratap Lal Teli, filed a Criminal Application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash an order pass...

Supreme Court

Supreme Court Dismisses Appeal Holding That Bail in Original FIR Does Not Cover Newly Added UAPA Offences and NIA Re-Registration Is Not a Second FIR. The court ruled that the appellant must seek fresh bail for offences under the Unlawful Activities (Prevention) Act, 1967, and that the NIA's re-registration and further investigation were lawful.

26 Apr 2019

The appellant, Pradeep Ram, was initially arrested in connection with FIR No. 02/2016 registered at Police Station Tandwa for offences under Sections ...

High Court

Bombay High Court Dismisses Election Petition Challenging MLA's Election for Non-Disclosure of Criminal Cases. Non-disclosure of pending criminal cases in election affidavit does not automatically vitiate election unless it materially affects the result under Section 33A of Representation of People Act, 1951.

19 Mar 2019

The petitioner, Satyajeet @ Nana Shivajirao Kadam, filed an election petition challenging the election of the respondent, Rajesh Vinayak Kshirsagar, f...

Supreme Court

Supreme Court Upholds Magistrate's Summoning Order in Hawala Case — High Court's Revision Order Set Aside. Court holds that at the stage of taking cognizance under Section 190(1)(b) CrPC, the Magistrate need not record detailed reasons; sufficiency of grounds is to be assessed from the charge sheet and accompanying documents.

8 Feb 2019

The Supreme Court allowed the appeal filed by the State of Gujarat against the judgment of the Gujarat High Court which had set aside the order of the...

High Court

Bombay High Court Quashes FIR and Chargesheet in Environment Protection Act Case Due to Lack of Sanction and Cognizance Error. The court held that the Magistrate failed to apply mind and sanction was not validly obtained, rendering the proceedings an abuse of process.

10 Oct 2017

The applicants filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.3 of 2012 registered ...

High Court

Bombay High Court Quashes Magistrate's Order for Investigation Under Section 156(3) CrPC in Private Complaint — Magistrate Must Apply Judicial Mind Before Directing Investigation. Order directing investigation under Section 156(3) of Code of Criminal Procedure, 1973 quashed as it was passed without application of judicial mind after recording verification of complainant.

7 Jan 2014

The petitioners, four individuals, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code ...

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