Search Results for "section 378 CrPC"

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Supreme Court Quashes Further Investigation Order in Rape Case After Closure Report Acceptance -- Police Cannot Conduct Further Investigation Under Section 173(8) of CrPC Without Magistrate's Leave

The Supreme Court allowed an appeal challenging the High Court's refusal to quash police orders for further investigation in a rape case after a closu...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Supreme Court Upholds Convictions and Reverses Acquittals in Political Rivalry Murder Case — Witness Testimony and Recoveries Sufficient to Sustain Convictions Under Sections 302, 148, 460 IPC and Section 3 Explosives Substances Act.

The case arises from a political rivalry between CPI(M) and NDF members. On 17.07.2002, an altercation occurred between the deceased (CPI(M)) and A-3 ...

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Supreme Court Allows Victim's Appeal Against Acquittal Without Leave Requirement Under Section 372 CrPC. The Court held that the victim's right to appeal under the proviso to Section 372 CrPC is independent and does not require leave, distinguishing it from the State's appeal under Section 378 CrPC.

The Supreme Court considered an appeal by Naval Kishore Mishra, the brother of a deceased victim, against the High Court's dismissal of his appeal cha...

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Bombay High Court Dismisses Application Challenging Maintainability of Appeal Against Acquittal Under Section 138 NI Act. Complainant's Appeal Under Proviso to Section 372 CrPC Does Not Require Leave Under Section 378 CrPC.

The applicant, Madhav Shriramji Khadse, was the original accused in Summary Criminal Complaint No. 1288/2008 under Section 138 of the Negotiable Instr...

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Bombay High Court Allows Victim Compensation Appeals Under Section 357A CrPC — State Must Compensate Victims Even if Accused Acquitted or Untraced. The court held that victim compensation is a mandatory duty of the State, not dependent on conviction of the accused.

The judgment concerns four criminal appeals (Criminal Appeal Nos. 991, 992, 331, and 854 of 2011) heard together by the Bombay High Court. The appeals...

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Bombay High Court Dismisses State's Leave to Appeal Against Acquittal as Time-Barred Under Section 378 CrPC. Limitation period for filing appeal against acquittal by State is 90 days from date of judgment; application filed after 1 year 3 months is barred by limitation.

The State of Maharashtra filed an application for leave to appeal under Section 378 of the Code of Criminal Procedure, 1973 against an order dated 12t...

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Bombay High Court Dismisses Leave to Appeal by First Informant in Motor Accident Case — First Informant Not a 'Complainant' Under Section 378(4) CrPC. Victim Who Was Driver of Fire Tender Cannot Maintain Appeal Against Acquittal as He Was Not the Complainant in the Trial.

The applicant, Damodar Pednekar, was the driver of a fire tender involved in an accident with a motorcycle driven by the accused, Umakant Naik. The ap...