Search Results for "section 239 CrPC"

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Search Results for "section 239 CrPC"

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High Court

Bombay High Court Dismisses Application for Perjury Proceedings Under Section 340 CrPC Against Respondents in Property Dispute — No Prima Facie Case of Forgery or False Evidence Established. The Court Held That Before Initiating Proceedings Under Section 340 CrPC, the Accused Must Be Heard, and the Applicant Failed to Prove Intentional Falsehood.

22 Dec 2018

The judgment pertains to a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973 (CrPC) by Satyanara...

High Court

High Court of Karnataka Allows Revision Petition, Discharges Accused in SC/ST Act Case for Lack of Prima Facie Evidence of Caste-Based Insult in Public View. The court held that the alleged incident occurred in a private place, not in public view, and therefore the essential ingredient of Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 was not satisfied.

31 Oct 2019

The petitioner, Sundar P Gowda, accused No.1 in S.C.No.77/2017 pending before the III Additional District and Sessions Judge, Ramanagara, filed a crim...

High Court

Gujarat High Court Allows Revision Against Rejection of Discharge in Land Grabbing Case — Applicant Initially a Witness Later Made Accused. Court Directs Reconsideration of Discharge Application Under Section 239 CrPC Considering Change in Status.

2 Mar 2026

The applicant, Tushar Prakashchandra Modi, filed a Criminal Revision Application under Section 438 read with Sections 442 and 528 of the Bharatiya Nag...

Supreme Court

Supreme Court Directs Compliance with Section 173(2) CrPC for Chargesheet Contents — Emphasizes Need for Sufficient Details and Evidence in Police Reports. The Court held that chargesheets must contain sufficient details of facts and evidence, not merely reproduce the FIR, and clarified that arrest is not mandatory before filing chargesheet under Section 170 CrPC.

1 May 2024

The Supreme Court addressed concerns regarding the nature of chargesheets filed in some jurisdictions, where they merely reproduce the FIR without sta...

High Court

High Court of Karnataka Allows State Revision Against Acquittal in NDPS Case — Trial Court Erred in Discharging Accused Without Proper Appreciation of Evidence. The court held that at the stage of framing charge, only a prima facie case is required, and the trial court's order of discharge was set aside as it failed to consider the material on record.

12 Dec 2018

The State of Karnataka filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Discharge in Bank Fraud Case — Petitioner, a General Manager of a Cooperative Bank, Allegedly Violated RBI Guidelines by Investing in Non-SLR Securities Through a Broker, Causing Loss to the Bank.

28 Jun 2019

The petitioner, Kishore Deshpande, was the General Manager of CKP Co-operative Bank Ltd. and was arraigned as accused No.5 in FIR No. RC 8/E/2010 regi...

High Court

Bombay High Court Dismisses Appeal Against Discharge in Criminal Complaint for Dishonest Misappropriation and Fraudulent Use of Lost Cheque. Court holds that mere issuance of notice under Section 138 of Negotiable Instruments Act does not constitute criminal misappropriation or fraudulent use under Sections 403, 423 IPC.

21 Feb 2011

The appellant, Smt. Premalata Subhash Nabaria, filed a private complaint before the Judicial Magistrate First Class, Ahmednagar, alleging offences und...

Supreme Court

Supreme Court Allows State Appeal Against Quashing of FIR in Forgery Case — Preliminary Inquiry Under Section 340 CrPC Not Mandatory Before Filing Complaint Under Section 195 CrPC. The Court held that the High Court erred in quashing the FIR on the ground that no preliminary inquiry was held and no opportunity was given to the accused, as Section 340 CrPC does not mandate such inquiry or hearing.

26 Feb 2020

The Supreme Court allowed the appeal filed by the State of Punjab against the judgment of the Punjab and Haryana High Court which had quashed FIR No. ...

High Court

Bombay High Court Dismisses Discharge Application in Cheating Case Alleging Substandard Bandage Cloth Supply to Government Hospital. Court holds that at the stage of framing of charge, only a prima facie case is required and the Magistrate's order rejecting discharge under Section 239 CrPC does not warrant interference.

11 Oct 2019

The applicant, Dr. Bandunana Manikrao Sabnis, was the original accused No.4 in a criminal case registered by Byculla Police Station vide C.R. No.171 o...

High Court

High Court of Karnataka Dismisses Revision Petitions Challenging Charge Framing in CBI Case — No Ground to Interfere with Trial Court's Order at Preliminary Stage. The court held that at the stage of framing charge, only a prima facie case or strong suspicion is required, and the revisional court cannot re-appreciate evidence.

30 Aug 2019

The judgment pertains to two criminal revision petitions filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by ac...

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