Search Results for "Section 227 CrPC"

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Supreme Court Allows State's Appeal Against Quashing of Second FIR in Corruption Case — Second FIR Permissible When It Discloses Distinct and Separate Incidents Not Part of Same Transaction.

The Supreme Court allowed the appeal filed by the State of Rajasthan against the judgment of the Rajasthan High Court quashing the second FIR register...

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Bombay High Court Allows Quashing of Criminal Proceedings in Multiple Matrimonial Dispute Cases Based on Compromise. Inherent Powers Under Section 482 CrPC Used to Quash Non-Compoundable Offences Where Settlement is Genuine and Voluntary.

The judgment involves four separate criminal applications and two writ petitions filed before the Bombay High Court, Nagpur Bench, seeking quashing of...

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Bombay High Court Quashes Stay on Bail Order in NIA Case — Special Judge Cannot Stay Own Bail Order Under Section 309(1) CrPC. The court held that the power to grant bail does not include the power to stay the bail order, and Section 309(1) CrPC does not authorize such a stay.

The petitioner, Naresh Ramniklal Gaur, was granted bail on 20th November 2021 by the Special Court at Greater Bombay in NIA Special Case No. 1090/2021...

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Bombay High Court Dismisses Petition to Quash Criminal Proceedings in Cheque Dishonour Case — Directors of Company Not Entitled to Quashing Under Section 482 CrPC When Trial Already Commenced and No Exceptional Circumstances Shown.

The petitioners, Mrs. Shama G. Bothe and Mr. Guido Bothe, directors of Chinkara Motors Private Limited (CMPL), filed a criminal writ petition under Ar...

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Bombay High Court Quashes Charge Framed Without Hearing Accused in Sessions Case — Non-Compliance of Sections 226 and 227 CrPC. Charge set aside as Roznama did not record hearing of prosecution or defence before framing charge, violating mandatory procedure.

The petitioner, Akshay Manoj Jaisinghani, filed a Criminal Writ Petition before the Bombay High Court challenging the order framing charge against him...

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Bombay High Court Quashes Executive Magistrate's Order in Section 145 CrPC Proceeding for Lack of Jurisdiction. The Court held that the Magistrate must first determine the existence of a likelihood of breach of peace before passing any order under Section 146(1) CrPC.

The petitioners, Sundar Narayan Nawale and others, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India challenging ...