Search Results for "Section 436 CrPC"

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Bombay High Court Allows Petition in Criminal Writ Jurisdiction — Quashes FIR for Non-Disclosure of Cognizable Offence. Court holds that FIR must disclose all ingredients of alleged offence; mere registration of FIR without prima facie case is abuse of process of law.

The petitioner, Neelam Nitin Sampat, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Crimina...

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Bombay High Court Allows Accused to Participate in 'B' Summary Report Proceedings — Right of Hearing Not Denied to Accused Under Section 173 CrPC. The accused is entitled to be heard before the Magistrate decides on a 'B' summary report, as the decision may affect his liberty and reputation.

The petitioner, Gopal Bhagwan Sonar, was the original first informant in a criminal case registered at Parola Police Station, Jalgaon, alleging offenc...

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Bombay High Court Rejects Bail for Gang Rape Accused Despite 3-Year Incarceration, Citing Prima Facie Evidence and Seriousness of Offence Under Section 376(D) IPC. Speedy Trial Violation Claim Rejected as Charge Framed and Trial to Be Expedited.

The applicant, Nitesh Raghunath Lahange, filed a second bail application before the Bombay High Court seeking release in connection with Crime No. I-1...

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Bombay High Court Awards Compensation for Illegal Detention by Police in Violation of D.K. Basu Guidelines. Petitioner was detained for six days without being produced before a magistrate, and the court held the State liable for constitutional tort.

The petitioner, Sagar Balu Ubhe, filed a writ petition alleging that he was illegally detained by the police from 25th to 30th January 2012. The Bomba...

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Bombay High Court Upholds Acquittal in Cheating and Forgery Case Due to Lack of Evidence and Unreliable Witnesses. Complainant Failed to Prove That Accused Forged Documents or Cheated Him in Plot Sale Transaction Under Sections 420, 468, 471, 109 read with Section 34 IPC.

The case arises from a criminal revision application filed by the original informant, Sharad Bonde, and an appeal by the State of Maharashtra against ...

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High Court of Karnataka Rehears Criminal Appeals Against Conviction for Murder and Robbery After Remand by Supreme Court. Conviction Based on Circumstantial Evidence and Recoveries Challenged Under Section 374(2) of Code of Criminal Procedure, 1973.

The matter originated from the murder of Smt. Chukibai, a 68-year-old pawnbroker residing alone at Chamarajpet, Bengaluru. On 12.05.1991, accused No.1...

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Karnataka High Court Grants Bail to Accused in DJ Halli Mob Lynching Case Citing Parity and No Prima Facie Involvement in Murder. Petitioners accused of rioting and arson under Sections 435, 436 IPC and SC/ST Act granted bail as co-accused similarly placed were already enlarged on bail.

The judgment pertains to two criminal petitions filed under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail for the petitioner...

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Supreme Court Refers Default Bail Computation Issue to Larger Bench Due to Conflicting Precedents. The Court Examines Whether Date of Remand is Included or Excluded in Calculating 60/90-Day Period Under Section 167(2) of Code of Criminal Procedure, 1973 for Entitlement to Default Bail.

The Supreme Court addressed a reference concerning the computation of the remand period for default bail under Section 167(2) of the Code of Criminal ...