Search Results for "section 323 CrPC"

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Search Results for "section 323 CrPC"

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High Court

High Court Quashes FIR and Revisional Order for Violation of Accused's Right to Hearing in Criminal Revision. The court held that Section 401(2) of the Code of Criminal Procedure, 1973 mandates hearing for accused or other persons in revisional proceedings, and Sessions Judge's failure to hear petitioners before allowing revision against dismissal of Section 156(3) application rendered the order and subsequent FIR invalid.

2 Apr 2026

The dispute arose from a criminal writ petition filed by two petitioners, a senior citizen and her daughter, seeking to quash an FIR registered agains...

Supreme Court

Supreme Court Allows Summoning of Additional Accused Under Section 319 CrPC in Assault Case — High Court Erred by Relying on Police Investigation Over Trial Evidence. The Court restored the Sessions Judge's order summoning four persons as additional accused based on the injured witness's testimony, holding that the High Court improperly considered police investigation reports.

13 Dec 2024

The case arises from a criminal appeal against the judgment of the Punjab and Haryana High Court, which set aside an order of the Additional Sessions ...

Supreme Court

Supreme Court Allows Appeal in Kidnapping Case: High Court Erred in Mandating Section 319 CrPC Decision Before Cross-Examination. Trial Court's Discretion to Decide Application Under Section 319 CrPC After Cross-Examination Upheld.

4 Oct 2024

The appeal arose from a criminal case where the appellant was accused of attempting to kidnap the complainant (respondent no.2). The FIR was lodged un...

Supreme Court

Supreme Court Initiates Contempt Proceedings for Wilful Disobedience of Anticipatory Bail Order — Police Custody Remand Granted Despite Interim Protection. The Investigating Officer and Magistrate acted in gross derision of the Supreme Court's order granting interim anticipatory bail by arresting the petitioner and granting police custody remand without any indication of non-cooperation.

7 Aug 2024

The petitioner, Tusharbhai Rajnikantbhai Shah, was an accused in FIR No. 11210068230266 dated 21 July 2023 for offences under Sections 420 and 120B of...

Supreme Court

Supreme Court Quashes Anticipatory Bail in Murder Case Due to Erroneous High Court Order. High Court's Reliance on Incomplete Investigation Report Under Section 173 CrPC at Anticipatory Bail Stage Was Impermissible, and Anticipatory Bail Should Not Be Granted in Serious Offences Like Murder Under Section 302 IPC Without Cogent Reasons.

8 Oct 2021

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions challenging judgments of the High Court of Madhya Pradesh, whic...

Supreme Court

Supreme Court Allows Compounding Application in SEBI Act Case, Overturning Lower Court Decisions on Consent Requirement. Court Holds That Section 24A of Securities and Exchange Board of India Act, 1992 Does Not Mandate SEBI's Consent for Compounding, and Compounding Can Be Considered at Advanced Trial Stages Based on Factual Assessment.

23 Jul 2021

The dispute arose from a criminal prosecution under Section 24(1) of the Securities and Exchange Board of India Act, 1992, against the appellant, a di...

High Court

Bombay High Court Allows Quashing of Conviction in Non-Compoundable Offences Based on Settlement — Inherent Powers Under Section 482 CrPC Can Be Exercised Even After Conviction, Subject to Guidelines. The Court Held That While Section 320 CrPC Restricts Compounding, Section 482 CrPC Provides Independent Power to Quash in the Interest of Justice, and Laid Down Guidelines for Such Exercise.

5 Jan 2021

The judgment arises from a reference made to a larger bench of the Bombay High Court to resolve the contentious issue regarding the scope of power und...

High Court

Bombay High Court Quashes 'C' Summary Report in Forgery Case — Directs Further Investigation Under Section 173(8) CrPC. Court holds that acceptance of summary report without considering FIR allegations and without examining witnesses vitiates the order, and that the informant has locus standi to challenge such acceptance.

16 Jan 2020

The petitioner, Avneesh Harvansh Singh, is the first informant who lodged an FIR on 22 September 2015 against respondent nos.2 to 6, who are co-truste...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Family Members in Dowry Harassment Case Due to Vague Allegations and Lack of Territorial Jurisdiction. The Court held that the complaint under Section 498A IPC and Dowry Prohibition Act was an abuse of process as the allegations were general and the incident alleged to create jurisdiction was not corroborated.

1 Apr 2019

The Supreme Court allowed the appeals filed by Rashmi Chopra and others against the judgment of the Allahabad High Court dated 08.08.2018, which had d...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Share Dispute Case — Allegations of Cheating and Forgery Found Baseless as Shares Were Jointly Held and Not Purchased by Complainant. The Court held that the complaint did not disclose any offence under Sections 406, 420, 467, 471, 323, 504, 506, 447, 448 IPC and quashed the proceedings under Section 482 CrPC.

8 Jan 2019

The Supreme Court allowed the appeal and quashed the criminal proceedings against the appellants. The background of the case involves a family dispute...

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