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Search Results for "advocate discharge"

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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

Bombay High Court Allows Discharge of Head Mistress in Corruption Case for Lack of Demand and Acceptance of Bribe. The court held that mere direction to collect fees, without evidence of demand or acceptance of bribe, does not constitute an offence under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988.

10 Jul 2019

The applicant, Pranita Prakashrao Katewale, was the Head Mistress of a government-aided girls school in Yavatmal. The complainant, an incharge class t...

High Court

Gujarat High Court Dismisses Revision Against Discharge in Criminal Case for Lack of Prima Facie Evidence. Complainant Failed to Produce Sufficient Evidence Under Section 244 CrPC for Framing of Charge Under Explosives Act.

9 Mar 2026

The present criminal revision application was filed by the original complainant, Anilbhai Banshi Patel, under Section 397 read with Section 401 of the...

High Court

High Court of Karnataka Allows Revision Petition, Discharges Accused in Culpable Homicide Case Due to Lack of Prima Facie Evidence of Knowledge or Intent. Court holds that mere involvement in a road accident without evidence of rash or negligent driving does not attract Section 304 Part II IPC.

21 Mar 2023

The revision petitioner, Kolla Bhovi, was the driver of a lorry involved in a road accident on 20.01.2013, resulting in the death of a cyclist. The co...

High Court

Bombay High Court Dismisses Petition for Recall of Witnesses Under Section 311 CrPC — Ineffective Cross-Examination Not Ground for Recall. Petitioner's failure to confront witnesses with discharge card during cross-examination does not justify recall under Section 311 CrPC as the power is not meant to fill gaps in defence.

11 Dec 2018

The petitioner, Lawrence Dias, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal P...

High Court

Bombay High Court Allows Accused's Petition, Holds First Informant Has No Right of Hearing at Discharge Stage Under Section 239 CrPC. The court clarified that the right of hearing is only available at the stage of framing of charge under Section 244 CrPC in warrant cases instituted otherwise than on a police report.

13 Feb 2012

The petitioners, accused in a warrant case instituted on a police report, filed an application for discharge under Section 239 CrPC. The first informa...

High Court

High Court Allows Writ Petition Challenging Reduction in Disability Pension and Quashes Re-survey Medical Board Report. Disability percentage certified at discharge under Rule 26 of Indian Coast Guard (General) Rules, 1986 must be consistently applied for pension under Central Civil Services (Extraordinary Pension) Rules, 1972, prohibiting selective reassessment for benefit calculation.

24 Mar 2026

The dispute involved a former Indian Coast Guard personnel who was discharged in 2008 after being certified with 100% disability due to Pulmonary Tube...

High Court

Bombay High Court Sets Aside Discharge of Accused in Capitation Fee Case — Holds That Trial Court Exceeded Jurisdiction by Considering Defence Documents at Discharge Stage Under Section 239 CrPC. The court remanded the matter for fresh consideration of discharge application based solely on police report and documents under Section 173 CrPC.

18 Oct 2024

The petitioner, Abhimanyu Rasure, the original complainant, challenged the order of the Chief Judicial Magistrate, Latur, dated 06.05.2010 discharging...

High Court

Bombay High Court Quashes Discharge of Notary in Forgery Case — Prima Facie Evidence of Conspiracy to Cheat Widow by Forging Will of Comatose Father-in-Law. The court held that at the stage of framing of charge, only a prima facie case is required and strong suspicion of forgery of a will by a notary while the testator was in coma warrants framing of charges under Sections 420, 467, 471, 472 read with Section 34 and Section 120B of the Indian Penal Code, 1860.

6 Jun 2023

The petitioner, Smt. Seema Hitesh Khandelwal (informant), filed a criminal writ petition under Articles 226 and 227 of the Constitution of India chall...

High Court

Bombay High Court Dismisses State's Appeal Against Discharge of Accused in MCOCA Case Due to Invalid Sanction. Sanction Under Section 23(2) MCOCA Found to Be Without Application of Mind, Leading to Discharge of All Accused.

6 Nov 2017

The State of Maharashtra appealed against an order dated 8th August 2014 passed by the Special Judge under the Maharashtra Control of Organised Crime ...

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