Search Results for "Summoning Order"

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Supreme Court

Magistrate Must Follow Chapter XV Cr.P.C. When Relying on Additional Evidence in Protest Petition. Appeal allowed, Magistrate directed to treat Protest Petition as a complaint and proceed accordingly under Chapter XV of the Code of Criminal Procedure.

18 Apr 2024

The Supreme Court sets aside the order of the Allahabad High Court and Chief Judicial Magistrate (CJM), Aligarh, in which cognizance was taken based o...

Supreme Court

Supreme Court Quashes Summoning Order in Criminal Complaint Due to Non-Compliance with Section 202 CrPC. The Court held that when accused reside beyond the magistrate's jurisdiction, mandatory inquiry or investigation under Section 202(1) of the Code of Criminal Procedure, 1973 must precede summoning, and failure to do so renders the order illegal.

23 Feb 2024

The dispute arose from a private complaint filed by the complainant under Section 200 of the Code of Criminal Procedure, 1973, alleging offences under...

Supreme Court

Supreme Court Allows Appeal Against High Court's Quashing of Summoning Order in Abetment of Suicide Case. Magistrate's Power to Issue Summons After Closure Report Upheld, with Emphasis on Application of Mind Under Sections 202 and 204 CrPC, 1973.

22 Feb 2024

The appeal arose from a High Court order quashing a Magistrate's summoning order in a case alleging abetment of suicide under Section 306 IPC. The app...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Corporate Official in Dispute Over Purchase Order Rates. The Court held that allegations of non-payment in a commercial transaction, involving rate revisions for supply of dissolved acetylene gas, did not constitute offences under Sections 406, 504, 506 IPC and were purely civil in nature, warranting quashing under Section 482 CrPC to prevent abuse of process.

30 Jan 2024

The Supreme Court heard an appeal against the Allahabad High Court's dismissal of a petition under Section 482 of the Code of Criminal Procedure, 1973...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case Against High Court's Quashing of Summoning Order. High Court Erred in Adjudicating Time-Barred Debt Issue at Summoning Stage Under Section 482 CrPC as Limitation is Mixed Question of Law and Fact Requiring Evidence.

22 Jan 2024

The Supreme Court heard an appeal by the original complainant challenging the Delhi High Court's order that quashed a summoning order in a cheque dish...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Corporate Dispute Due to Abuse of Process and Lack of Territorial Jurisdiction. The court held that the dispute was essentially civil, involving financial transactions and agreements between corporates, and the criminal case was initiated with malicious intent, violating principles of fairness under Section 482 of the Code of Criminal Procedure, 1973.

11 Jan 2024

The Supreme Court addressed appeals challenging the dismissal of petitions under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing...

Supreme Court

Supreme Court Dismisses Appeal of Police Official in Summoning Order Under Section 319 Cr.P.C. - Upholds Trial Court's Decision Based on Consistent Witness Evidence. The Court Found Sufficient Evidence to Summon Officials for Alleged Extortion and Corruption Under Sections 166, 383, 385 IPC and Prevention of Corruption Act, 1988, Without Requirement of Sanction Under Section 197 Cr.P.C. and Section 19 PC Act.

5 Jan 2024

The appeal arose from a criminal revision dismissed by the High Court of Punjab and Haryana, which upheld a Trial Court order summoning the appellant ...

Supreme Court

Supreme Court Disposes of Writ Petition on Governor's Delay in Summoning Assembly After Order Issued. Governor's Duty to Act on Council's Advice and Chief Minister's Duty to Furnish Information Under Article 167 of Constitution Clarified.

28 Feb 2023

The dispute arose from the Governor of Punjab's initial refusal to summon the Budget Session of the Sixteenth Punjab Vidhan Sabha, which had been reco...

Supreme Court

Supreme Court Quashes Summoning of Additional Accused in Dowry Death Case Under Section 319 CrPC Due to Insufficient Evidence. The Court held that power under Section 319 CrPC requires more than prima facie evidence and strong cogent evidence indicating involvement, which was lacking as allegations were general and vague without specific role attribution.

21 Feb 2023

The Supreme Court addressed a criminal appeal arising from a High Court order summoning appellants as additional accused under Section 319 CrPC in a d...

Supreme Court

Supreme Court Quashes Summoning Order in PMLA Case Due to Lack of Territorial Jurisdiction. Special Court in Ghaziabad Lacked Jurisdiction as Money-Laundering Offence Allegedly Committed in Maharashtra, Under Section 44(1) of Prevention of Money-laundering Act, 2002.

7 Feb 2023

The dispute arose from a writ petition under Article 32 of the Constitution of India challenging a summoning order issued by the Special Judge, Anti-C...

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