Search Results for "CrPC Section 438"

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Search Results for "CrPC Section 438"

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Supreme Court

Supreme Court Quashes High Court's Anticipatory Bail Orders in Serious Fraud Investigation Office (SFIO) Prosecution Under Companies Act, 2013. The High Court erred in granting anticipatory bail as Section 212(6) of the Companies Act, 2013, bars application of Section 438 of the Code of Criminal Procedure, 1973, and the accused's evasion of warrants in economic offences involving large-scale fraud justified strict approach.

9 Apr 2025

The Supreme Court dealt with a batch of sixteen appeals arising from criminal proceedings initiated by the Serious Fraud Investigation Office (SFIO) a...

High Court

High Court of Karnataka Examines Petition to Quash Criminal Proceedings Against Husband in Suicide Abetment Case. Petitioner Contended That Victim's Depression and Video Statement Negated Instigation, Relying on Precedents Interpreting Section 306 IPC and Section 498A IPC.

9 Aug 2024

The petitioner, the husband of the deceased, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of t...

Supreme Court

Supreme Court Quashes Anticipatory Bail in Rape Case Involving Casting Couch Allegations Due to Overlooked Victim Credibility and Gravity of Offence. High Court's Grant of Bail Under Section 438 CrPC Set Aside as Court Emphasized Seriousness of Section 376 IPC Charges and Consistent Victim Statements Supporting Rape Allegations.

17 Mar 2023

The Supreme Court of India, in a judgment delivered by Justice Hima Kohli, addressed appeals arising from the High Court of Judicature at Bombay's ord...

Supreme Court

Supreme Court Quashes Anticipatory Bail in Criminal Appeal Due to Accused Absconding and Proclamation Under Section 82 CrPC. High Court Erred in Granting Anticipatory Bail Without Considering Initiation of Proceedings Under Section 82/83 CrPC and Seriousness of Offences Under Sections 406 and 420 IPC, as Per State of Madhya Pradesh vs. Pradeep Sharma Precedent.

21 Oct 2021

The appeal arose from the High Court's order granting anticipatory bail to the accused in a criminal case. The appellant, the original informant, had ...

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 Quashes Anticipatory Bail Orders in Fraud Case Due to Erroneous Legal Interpretation by High Court. High Court's grant of anticipatory bail was based on incorrect view that Magistrate's order under Section 156(3) CrPC was invalid for non-examination of complainant under Section 200 CrPC, which the Supreme Court held unsustainable as such order can precede cognizance.

26 Jul 2021

The Supreme Court heard a batch of four criminal appeals arising from anticipatory bail orders granted by the Bombay High Court. The appellant, a comp...

Supreme Court

Supreme Court Upholds FIRs for Illegal Mining Despite Compounding Under MMDR Act — IPC Offences Are Distinct and Not Barred by Section 22 of MMDR Act. The court held that compounding under the MMDR Act does not bar prosecution under the IPC for theft and criminal misappropriation, as the offences are separate and distinct.

1 Sep 2020

The Supreme Court dismissed appeals by private appellants and the State of Madhya Pradesh against the High Court's refusal to quash FIRs for illegal m...

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 Husband's Petition Challenging Maintenance Award Under Section 125 CrPC Due to Non-Prosecution. Maintenance of Rs. 2000 for Wife and Rs. 1000 for Child Upheld as Reasonable.

14 Sep 2017

The petitioner, Nitin Kumar Mahant, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the judgment a...

High Court

Bombay High Court Quashes FIR in Dowry Harassment Case Due to Settlement Between Parties — Compromise Reached After Mediation, Court Finds No Purpose in Continuing Prosecution Under Section 498A IPC and Dowry Prohibition Act.

20 Oct 2016

The petitioners, Arvind s/o Pyarelal Jain and Smt. Sarita w/o Arvind Jain, filed a Criminal Writ Petition before the Bombay High Court, Bench at Auran...

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