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Supreme Court

Supreme Court Allows Appeal of Mother in Dowry Death Case — Restores Summoning of Husband Under Section 319 CrPC. High Court Erred in Reappreciating Evidence at Summoning Stage; Prima Facie Case Exists Based on Circumstantial Evidence Including Sole Presence of Husband, Hasty Burial, and Injuries on Deceased.

20 Sep 2019

The appeal arises from a judgment of the Allahabad High Court which set aside an order of the trial court summoning the second respondent (husband of ...

High Court

Bombay High Court Allows Revision Against Rejection of Section 319 Application — Power to Summon Accused Released Under Section 169 CrPC Not Barred. The court held that release under Section 169 does not preclude summoning under Section 319 if evidence during trial shows involvement.

22 Nov 2018

The case involves two criminal revision applications filed against an order of the Sessions Judge, Nanded, dated 30.07.2018, rejecting an application ...

High Court

Bombay High Court Allows Revision Against Rejection of Section 311 CrPC Application for Summoning Defence Witnesses — Emphasizes Wide Discretion to Secure Just Decision. The court set aside the Trial Court's order and allowed the application subject to costs, holding that denial of opportunity to examine material witnesses would amount to denial of fair trial.

9 Jun 2026

The applicant, Ajay Kumar, filed a Criminal Revision Application before the Bombay High Court, Nagpur Bench, challenging the order dated 07.03.2026 pa...

Supreme Court

Supreme Court Quashes Summoning Order Against Director in Cheque Dishonour Case Under Negotiable Instruments Act, 1881. The Court held that mere directorship and signing of board resolution do not establish liability under Section 141 NI Act, as specific averments of being in charge of and responsible for company's business conduct are required.

7 Apr 2026

The dispute arose from a cheque dishonour case under Sections 138 and 142 of the Negotiable Instruments Act, 1881, where the appellant, a director of ...

Supreme Court

Supreme Court Upholds Magistrate's Summoning Order in Hawala Case — High Court's Revision Order Set Aside. Court holds that at the stage of taking cognizance under Section 190(1)(b) CrPC, the Magistrate need not record detailed reasons; sufficiency of grounds is to be assessed from the charge sheet and accompanying documents.

8 Feb 2019

The Supreme Court allowed the appeal filed by the State of Gujarat against the judgment of the Gujarat High Court which had set aside the order of the...

High Court

Bombay High Court Adjudicates Criminal Writ Petition No. 3280 of 2024 — Application Under Section 319 CrPC to Summon Witnesses for Extortion Not Triable Together with Rape Offences

30 Jun 2025

The matter originated from an FIR lodged on 28 January 2014 by the complainant alleging rape and other offences against the petitioners under Sections...

Supreme Court

Supreme Court Quashes Summoning Order Against Relatives in Dowry Harassment Case Due to Lack of Specific Allegations and Dissolved Marriage. The Court held that proceedings under Section 498A IPC and Section 4 of the Dowry Prohibition Act, 1961, cannot be sustained against relatives when the marriage was already dissolved by divorce decree and allegations are vague and unsupported.

16 Apr 2025

The dispute arose from a criminal complaint filed by the wife against her husband and his relatives under Sections 498A, 323, 504, 506 of the Indian P...

High Court

Special Court Dismisses Discharge Application in Securities Scam Case — Prima Facie Case Found Against Accused Under Sections 120B, 420 IPC and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988. Conspiracy and Cheating Allegations Supported by Material on Record, Court Refuses to Discharge Accused at Charge Stage.

21 Jul 2006

The Special Court (Trial of Offences Relating to Transactions in Securities) at Mumbai was hearing a case arising from a complaint lodged on 23-3-1993...

High Court

Bombay High Court at Goa Quashes Summoning of Directors Under Section 319 CrPC in Cheque Dishonour Case. Directors Cannot Be Summoned Under Section 141 NI Act Without Specific Allegations of Their Role in Company Affairs.

22 Oct 2012

The case involves three criminal writ petitions filed by directors of a company challenging the order of the Judicial Magistrate First Class, Margao, ...

High Court

Bombay High Court Quashes Order Arraigning Petitioner as Accused in MRTP Act Case — Magistrate Exceeded Jurisdiction by Adding Accused Without Proper Application of Mind Under Section 319 CrPC. The court held that the power to summon additional accused under Section 319 CrPC is discretionary and cannot be exercised merely on the application of co-accused without independent satisfaction from the record.

18 Nov 2016

The petitioner, Milind Manohar Apte, a Sales Officer of Bharat Petroleum Corporation Limited, filed a criminal writ petition challenging the order dat...

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