Search Results for "Section 482 CrPC"

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Supreme Court Dismisses Appeal by Police Officers in Criminal Case Due to Lack of Requirement for Prior Sanction. Allegations of Assault and Defamation Not Connected to Official Duties Under Section 197 CrPC and Section 170 Karnataka Police Act, 1963, Thus Sanction Not Mandatory.

The dispute arose from a private complaint filed by the complainant against police officers, alleging assault, torture, defamation, and theft during i...

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Supreme Court Quashes High Court's Stay on Discharge Order — Upholds Liberty of Accused. Apex Court Reaffirms Higher Pedestal of Discharged Accused — Lays Down Strict Parameters for Stay on Discharge Orders

Supreme Court quashed the High Court’s stay and surrender order — Held that stay on discharge orders should only be granted in rare and exceptiona...

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High Court of Karnataka Quashes FIR in Cheating and Forgery Case — Dispute Essentially Civil in Nature. Allegations of Will forgery and cheating held to be civil disputes where criminal proceedings are an abuse of process under Section 482 CrPC.

The petitioners, Smt. Vanitha and Venkatesh M., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qua...

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Supreme Court Allows Appeal of BIS Employee in Sexual Harassment Case Due to Lack of Sanction for Prosecution. Sanction for prosecution under Section 197 CrPC is mandatory for public servants acting in official capacity; refusal of sanction by competent authority renders criminal proceedings invalid.

The present criminal appeal arises from an order of the High Court of Judicature at Allahabad, Lucknow Bench, which dismissed the appellant's petition...

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Bombay High Court Allows Life Convict's Plea for Concurrent Sentences Under Section 427(2) CrPC - Court Directs Life Sentence and 10-Year RI to Run Concurrently

The petitioner, Mahadev Asaram Sillode, a life convict, filed a criminal writ petition under Article 226 of the Constitution of India before the Bomba...

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Supreme Court Dismisses Petition Challenging Cognizance Order in SC/ST Act Case — Holds That Special Court Can Take Cognizance Directly and That High Court's Refusal to Quash Proceedings Was Not Erroneous.

The case involves a special leave petition filed by Ramveer Upadhyay and another against the State of Uttar Pradesh and another respondent. The petiti...

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Supreme Court Allows State Appeal in Army Offence Jurisdiction Dispute, Restoring Sessions Court Trial. Concurrent Jurisdiction Under Section 125 of Army Act, 1950 Upheld, with Commanding Officer's Discretion Exercised Through Cooperation with Civil Investigation.

The appeal arose from a judgment of the High Court of Sikkim, which upheld an order of the Sessions Judge directing that the accused, an Army personne...

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High Court of Bombay at Goa Quashes Summons in Medical Negligence Case for Lack of Sanction Under Section 197 CrPC — Doctor and Hospital Manager Protected as Public Servants Under Section 2(c) of the Prevention of Corruption Act, 1988.

The case involves two criminal writ petitions filed by Dr. Vivekanand Jawali (a cardiac surgeon) and Mr. Karthik Rajagopal (Zonal Director of Fortis H...