Search Results for "Criminal procedure"

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Search Results for "Criminal procedure"

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Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Cheating and Criminal Breach of Trust Case Due to Civil Nature of Dispute and Forum Shopping. The Court held that allegations of belated share allotment and failure to launch an IPO constituted a commercial dispute without dishonest intention at inception, and filing multiple complaints on same cause of action amounted to abuse of process under Sections 420, 406, 120B IPC and Section 482 CrPC.

22 Mar 2022

The appeal arose from a judgment of the High Court of Calcutta dismissing a petition to quash criminal proceedings under Sections 420, 406, and 120B o...

Supreme Court

Supreme Court Quashes Proceedings Against Editor in POCSO Case Due to Lack of Magistrate Permission for Investigation. The Court held that Section 155(2) of the Code of Criminal Procedure, 1973 applies to non-cognizable offences under Section 23 of the Protection of Children from Sexual Offences Act, 2012, and investigation without Magistrate permission is vitiated, barring cognizance.

21 Mar 2022

The appeal arose from a judgment of the High Court of Karnataka dismissing a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

Supreme Court

Supreme Court Quashes Summons Against Accused Not Named in Police Report Under Section 190(1)(b) CrPC. Magistrate Cannot Summon Persons Not Named in Police Report or Column (2) of Report, Proper Course is Under Section 319 CrPC After Evidence Collection.

16 Mar 2022

The Supreme Court addressed an appeal concerning the power of a Magistrate to summon an individual not named in a police report under Section 190(1)(b...

Supreme Court

Supreme Court Acquits Appellant in Murder Case Due to Failure to Prove Common Intention Under Section 34 IPC. Conviction under Section 302 read with Section 34 Indian Penal Code set aside as prosecution failed to establish prior concert and prearranged plan between appellant and co-accused who actually committed stabbing.

15 Mar 2022

The Supreme Court considered an appeal against the conviction of the appellant under Section 302 read with Section 34 of the Indian Penal Code for mur...

Supreme Court

Supreme Court Quashes Proceedings Against Company Chairman in Corruption Case Due to Lack of Criminal Intent and Compliance with Tax Demand. Criminal Liability Under Prevention of Corruption Act and IPC Not Made Out as Differential Road Tax Was Paid Upon Demand Under Section 8A of Karnataka Motor Vehicles Taxation Act, 1957, Rendering Proceedings Abuse of Process.

14 Mar 2022

The appeal arose from an order of the Dharwad Bench of the High Court of Karnataka dismissing a criminal petition under Section 482 of the Code of Cri...

Supreme Court

Supreme Court Sets Aside High Court Bail Orders in Murder Case Due to Lack of Reasoning and Failure to Consider Gravity of Offence. The Court held that bail orders must contain prima facie reasons and consider societal concerns, especially in serious offences under Sections 302, 201, and 34 IPC, and remanded the matter for fresh bail consideration.

11 Mar 2022

The appeals were filed by the wife of the deceased challenging bail orders granted by the High Court of Rajasthan to two accused persons in a murder c...

Supreme Court

Supreme Court Quashes Bail Order in Murder Case Due to Inadequate Reasoning. High Court's grant of bail under Section 302 IPC set aside for lack of cogent reasons and failure to consider material factors like accused's conduct and threats to witnesses.

10 Mar 2022

The dispute arose from a bail application in a murder case under Section 302 of the Indian Penal Code, 1860. The complainant, brother of the deceased,...

Supreme Court

Supreme Court Quashes High Court Order Summoning Accused Under Section 319 CrPC Due to Insufficient Evidence and Casual Approach. High Court Erred in Setting Aside Trial Court's Rejection of Application Without Adhering to Principles Requiring Strong and Cogent Evidence from Trial Evidence Under Section 319 of Code of Criminal Procedure, 1973.

10 Mar 2022

The appeal arose from a criminal case involving the murder of Nitin, where the complainant sought to summon the appellant as an accused under Section ...

Supreme Court

Supreme Court Dismisses Appeal in CrPC Bond Breach Case Upholding Executive Magistrate's Order. The Court affirmed that procedure under Chapter VIII of the Code of Criminal Procedure, 1973 was followed, including reasonable opportunity, before punishing the appellant for breach of bond conditions under Section 122(1)(b) CrPC.

9 Mar 2022

The appeal arose from orders of the Executive Magistrate and the Madras High Court holding the appellant guilty for breach of bond conditions under Se...

Supreme Court

Supreme Court Allows Appeal of Accused in NDPS Act Case Due to Procedural Non-Compliance and Erroneous High Court Approach. The High Court's reversal of acquittal was set aside as it failed to consider the trial court's reasons and the prosecution did not prove mandatory search procedure under the NDPS Act, leading to restoration of acquittal.

9 Mar 2022

The appeal arose from a conviction under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, where the High Court reversed the Tri...

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