Search Results for "Section 340 CrPC"

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Search Results for "Section 340 CrPC"

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High Court

Bombay High Court Considers Bail Application by Undertrial Accused in Murder Case Under Section 439 CrPC — Long Pretrial Incarceration and Delayed Trial Raise Article 21 Concerns. Long Detention of Over Six Years and Failure of Trial to Progress Beyond List of Witnesses Weighed in Favour of Accused Under Section 439 of Code of Criminal Procedure, 1973, and Section 302 of Indian Penal Code, 1860.

9 May 2025

The matter arose from Bail Application No. 1963 of 2025 preferred under Section 439 of the Code of Criminal Procedure, 1973 before the High Court of J...

Supreme Court

Supreme Court Sets Aside High Court's Interim Order Restraining Filing of Charge-Sheet in Property Dispute Case. The Court held that the High Court cannot restrain filing of charge-sheet under Section 193(3) BNSS while a quashment petition is pending, as it affects the statutory right of investigation.

12 May 2026

The Supreme Court set aside an interim order of the Allahabad High Court that restrained the investigating officer from filing the charge-sheet in a c...

High Court

High Court of Karnataka Quashes Trial Court Order Permitting Additional Evidence in Criminal Case — Micro Chip and CD Production Disallowed as Prosecution Failed to Justify Delay Under Section 311 CrPC. The court held that allowing additional evidence at a belated stage after prosecution closed evidence would prejudice the accused and violate fair trial principles.

4 Oct 2018

The petitioners, accused nos. 1 to 4 in S.C. No. 5006/2016 pending before the III Addl. Dist. & Sessions Judge, Ballari (sitting at Hosapete), filed a...

High Court

Bombay High Court Allows Complaint Against Wife and Father-in-Law for Perjury and Forgery in Domestic Violence Proceedings. Court Restores Process Issued by Magistrate for Offences Under IPC Sections 191, 193, 196, 199, 200, 181, 182, 420 and CrPC Sections 340, 344.

5 Jun 2023

The petitioner, Sachin Sopanrao Bhosale, filed a criminal complaint against his wife Pallavi and her father Balasaheb Palande alleging that they had c...

Supreme Court

Supreme Court Quashes High Court Order Compromising Cash-for-Job Scam Case and Reinstates Criminal Proceedings. High Court's quashing of criminal complaint under Section 482 CrPC based on compromise between accused and victims was set aside as offences under Sections 406, 409, 420, 506(1) IPC are non-compoundable and involve public interest in corruption allegations.

8 Sep 2022

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions challenging a High Court order that quashed a criminal complain...

High Court

Bombay High Court Quashes Criminal Complaint in Fabrication of Evidence Case — Postal Receipt Not Conclusive Proof of Service. Court holds that mere affixation of a postal receipt on a letter does not prove dispatch or receipt, and criminal proceedings for forgery cannot be sustained without prima facie evidence of fabrication.

24 Feb 2023

The applicant, Hari Prakash Tripathi (accused no.1), filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging...

Supreme Court

Supreme Court Sets Aside High Court Order for Perjury Proceedings in Matrimonial Case — Allegations of False Statements in Anticipatory Bail Application Not Deliberate Falsehood on Matter of Substance. The Court held that initiation of perjury proceedings under Section 340 CrPC requires a prima facie case of deliberate falsehood based on unimpeachable evidence, and the High Court's order was vitiated by suppression of material facts.

26 Feb 2019

The present appeal arises from a judgment of the Bombay High Court dated 07.03.2018, which directed initiation of proceedings under Section 340 CrPC a...

High Court

High Court of Karnataka Allows Recall of Victim for Cross-Examination in POCSO Case — Right to Fair Trial Prevails Over Delay. The court held that the accused's right to fair trial includes effective cross-examination, and the trial court's rejection of the recall application was not justified.

13 Mar 2019

The petitioner, Chandrakant @ Kantu, was accused in Special Case (POCSO) No.11/2018 for offences under Sections 366(A) and 376(2)(i)(n) of IPC and Sec...

High Court

High Court of Karnataka Directs Release of Petitioner in Multiple Cheque Dishonour Cases on Ground of Default Bail Under Section 167(2) Cr.P.C. — Petitioner Entitled to Default Bail as Investigation Not Completed Within 60 Days of Remand.

10 Mar 2021

The petitioner, Smt. C. Bharathi, was arrested in multiple cases under Section 138 of the Negotiable Instruments Act, 1881, for cheque dishonour. She ...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

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