Search Results for "Summoning Witnesses"

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Search Results for "Summoning Witnesses"

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Supreme Court

Supreme Court Allows Appeal in Criminal Complaint Case — Remand for Compliance with Section 244 CrPC Set Aside. High Court erred in remanding matter for pre-charge evidence under Section 244 CrPC after charges were framed under Section 240 CrPC, as Section 244 applies only to warrant cases instituted on private complaint.

1 Jan 2026

The appellant, Neeraj Gupta, filed a criminal complaint against the respondents, Pardeep Kumar Bansal and others, alleging that on 12th April 2007, a ...

High Court

High Court of Bombay at Goa Allows Petition Under Article 227 and Section 482 CrPC Against Rejection of Application Under Section 145(2) of Negotiable Instruments Act — Right to Cross-Examine Complainant's Witnesses Cannot Be Denied

23 Aug 2023

The petitioner, Kishor Biradmal Bhandari, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of...

Supreme Court

Supreme Court Allows State's Appeal Against High Court Order Summoning Additional Evidence in Asaram Bapu Conviction Case. Section 391 CrPC Cannot Be Used to Fill Gaps in Prosecution Case or to Introduce Evidence That Could Have Been Produced at Trial.

17 Apr 2023

The Supreme Court allowed the appeal filed by the State of Rajasthan against the judgment of the Rajasthan High Court dated 10.02.2022. The High Court...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations. Criminal proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot be initiated against directors without specific averments of their role in the company's affairs.

28 Nov 2022

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging a common order dated...

High Court

High Court of Karnataka Dismisses Election Commission's Appeal Against Summons to Ex-Chief Election Commissioner in Election Petition. Summons to former CEC as a witness in election petition challenging Athani constituency election is valid and not barred by Article 324 of the Constitution.

29 Jul 2022

The Election Commission of India filed an Original Side Appeal under Section 4 of the Karnataka High Court Act, 1961, challenging an order dated 17.06...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Sisters-in-Law in Dowry Harassment Case Due to Lack of Specific Allegations and Abuse of Process. The court held that vague and omnibus allegations against relatives of the husband do not warrant continuation of criminal proceedings under Section 498A IPC and Dowry Prohibition Act.

23 Dec 2021

The petitioners, Lalita and Smita, who are sisters-in-law of the complainant's husband, filed a petition under Section 482 of the Code of Criminal Pro...

High Court

High Court of Karnataka Quashes Charge Sheet in Attempted Kidnapping Case Due to Lack of Prima Facie Evidence and Unsupported Allegations. The court held that mere presence without active participation does not constitute an offence under Sections 365, 511, 143, 147, 149, 323, 324, 331, 120B IPC.

1 Feb 2021

The petitioner, Mr. N.R. Santosh, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the charge ...

High Court

High Court of Karnataka Allows Revision Petition, Quashes Summoning Order Under Section 319 CrPC for Lack of Evidence Against Petitioners in Dowry Death Case. The court held that general allegations of harassment without specific overt acts are insufficient to summon additional accused under Section 319 CrPC.

20 Nov 2019

The case arises from a criminal revision petition filed by Smt. Umakka, Sri G S Prabhakar @ Prabhu, and Smt. Veena (petitioners) challenging the order...

High Court

Bombay High Court Allows Criminal Writ Petition Challenging Magistrate's Refusal to Summon Witnesses in Private Complaint Case. Court holds that the complainant has a right to examine witnesses and the Magistrate cannot refuse to summon them on the ground that they are not cited in the complaint.

13 Dec 2013

The petitioner, Chandrakant Shriram Sharma, is the complainant in S.C.C. No. 1292/2009 pending before the Judicial Magistrate, First Class, Pachora, D...

High Court

Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Sole Eyewitness Testimony. Conviction under Section 302 read with 34 IPC set aside as evidence of sole eyewitness was inconsistent and uncorroborated.

5 Mar 2010

The case involves an appeal against conviction under Section 302 read with 34 IPC for murder. The prosecution case relied heavily on the testimony of ...

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