Search Results for "Section 154 CrPC"

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NSEL Scam: High Court Upholds Special Court’s Power to Summon Additional Accused Under Section 190 CrPC – NSEL’s Application Maintainable Despite Being an Accused

Bombay High Court Clarifies Scope of Section 190 CrPC in MPID Act Cases – Accused Can Seek Impleadment of Other Accused at Pre-Trial Stage The&...

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Bombay High Court Directs Police to Register FIR in Cognizable Offence Complaint - Mandatory Duty Under Section 154 CrPC. Police Cannot Refuse Registration of FIR When Complaint Discloses Cognizable Offence; Preliminary Inquiry Only in Exceptional Cases Limited to Two Days.

The petitioner, Smt. Vijaya Vasant Nikam, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, complaini...

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Supreme Court Allows Victim's Counsel to Assist Prosecution in Sessions Trial — Right to Oral Arguments and Cross-Examination Under Section 301 CrPC. Victim's Counsel Can Participate Actively in Prosecution Subject to Public Prosecutor's Control and Court's Permission.

The appeal arose from a Sessions trial where the appellant, Rekha Murarka, was the widow of the deceased and de facto complainant in a murder case. Sh...

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Supreme Court Allows Appeal in TADA Case Due to Non-Compliance of Section 20A(1) — Prior Approval of DSP Mandatory. The Court held that recording of information under TADA without prior approval of the District Superintendent of Police vitiates the entire proceedings, and the defect is not curable.

The appeal arose from an order of the Designated TADA Court dismissing the appellants' application for discharge on the ground of non-compliance with ...

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Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...