Search Results for "Section 309 CrPC"

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Search Results for "Section 309 CrPC"

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Supreme Court

Supreme Court Allows Appeals Against De-Freezing of Bank Accounts in Seizure Case Under Section 102(3) CrPC — Delayed Reporting to Magistrate Does Not Vitiate Seizure Order; Requirement is Directory, Not Mandatory.

13 May 2024

The Supreme Court considered appeals by the first informant in Crime No.318 of 2022 against an order of the Madras High Court dated 09.08.2023, which ...

High Court

High Court of Karnataka Quashes Order Taking Cognizance Against Accused in NDPS Case for Non-Compliance with Section 52A — Statement Recorded Without Proper Safeguards Eschewed. The court held that the mandatory requirement of Section 52A of the NDPS Act, 1985 to produce seized contraband before the court for certification of inventory was not complied with, rendering the prosecution unsustainable.

28 Jul 2023

The petitioner, Mr. Emmanuel Michael, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code ...

High Court

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.

28 Mar 2023

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

Supreme Court

Supreme Court Issues Guidelines in Suo Motu Proceeding to Standardize Criminal Trial Practices. The Court directed uniform rules for documentation and evidence presentation, and modified draft rules to ensure disclosure of exculpatory materials to accused under Sections 207/208 of the Code of Criminal Procedure, 1973.

20 Apr 2021

The Supreme Court of India initiated a suo motu writ proceeding under Article 32 of the Constitution to address widespread inadequacies and deficienci...

High Court

Karnataka High Court Grants Bail to Accused in POCSO and SC/ST Act Cases Due to Inconsistent Statements of Victim and Lack of Prima Facie Case. The court found that the victim's contradictory statements under Sections 161 and 164 CrPC regarding age and assault undermined the prosecution's case, leading to bail under Section 439 CrPC.

26 Nov 2020

The petitioner, Hanumantha Mogaveera, filed two criminal petitions under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No...

Supreme Court

Supreme Court Quashes Cognizance Order Against Police Officer in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 170 Karnataka Police Act. The Court held that cognizance without sanction is void ab initio and the High Court should have quashed proceedings instead of remanding for discharge.

27 Mar 2020

The Supreme Court considered an appeal against the Karnataka High Court's order that declined to quash a Magistrate's order taking cognizance of a pri...

High Court

Bombay High Court Quashes Notice Under Section 110(e) and (g) CrPC Against Corporator for Lack of Material and Abuse of Process. Court holds that preventive action requires credible material showing habitual offending, not isolated incident.

9 Nov 2017

The petitioner, Shirish Hiralal Choudhary, a Corporator from Nandurbar, filed a criminal writ petition under Articles 14, 21, and 226 of the Constitut...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Homicidal Death Beyond Reasonable Doubt.

9 Sep 2015

The appellant, Rajesh @ Raju s/o Nagnath @ Nivrutti Sardiwal (Pardeshi), was convicted by the Additional Sessions Judge, Aurangabad, for the murder of...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Lorry Owners in Forest Offence Case Due to Lack of Sanction Under Section 197 CrPC. Prosecution for Offences Under Karnataka Forest Act, 1963 and Indian Penal Code, 1860 Fails as Accused Were Public Servants Acting in Discharge of Official Duty.

1 Aug 2014

The petitioners, who are lorry owners and drivers, were prosecuted for alleged offences under the Karnataka Forest Act, 1963 and the Indian Penal Code...

High Court

Bombay High Court Quashes Criminal Breach of Trust Charges Against Directors in PF Default Case — Mere Delay in Depositing Provident Fund Amount Does Not Constitute Criminal Breach of Trust Under Section 406 IPC. Explanation 1 to Section 405 IPC Requires Dishonest Misappropriation or Conversion, Not Mere Retention or Delay.

8 May 2012

The petitioners, Noshir Adi Soonawala, Ratan Naval Tata, Pratap Bhogilal, and Sudhir Thackersey, were original accused Nos.5, 7, 2, and 8 respectively...

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