Search Results for "Section 223 CrPC"

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Search Results for "Section 223 CrPC"

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High Court

High Court of Karnataka Quashes Section 138 NI Act Proceedings Against Accused Due to Non-Existent Debt and Unrebutted Defence. Dishonour of Cheque Issued as Security for Loan Not Attracting Section 138 of Negotiable Instruments Act, 1881 as Debt Not Legally Enforceable.

21 Oct 2024

The petitioner, Sri Lalji Kesha Vaid, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of crimina...

High Court

Bombay High Court Grants Bail to Accused in Bhima Koregaon-Elgaar Parishad Case Under UAP Act — No Prima Facie Evidence of Conspiracy or Terrorist Act. Appellant's mere presence at meetings and sharing of social media posts does not constitute an offence under Sections 13, 16, 18, 20, 38, 39, 40 of UAP Act or Sections 120B, 115, 121, 121A, 124A, 153A, 505(1)(B), 34 IPC.

17 Oct 2022

The appellant, Jyoti Jagtap, was arrested as accused No. 15 in FIR No. RC-01/2020/NIA/MUM registered by the National Investigation Agency (NIA) under ...

High Court

High Court of Bombay at Goa Allows Revision Against Ex-Parte Maintenance Order Under Section 125 CrPC — Sets Aside Order Due to Lack of Notice and Opportunity of Hearing. The court held that an order under Section 125 CrPC cannot be passed without affording the opposite party an opportunity of being heard, and remanded the matter for fresh consideration.

8 Apr 2022

The present criminal revision application was filed by Pranav Naik (the applicant) challenging an order dated 08.09.2021 passed by the learned Special...

High Court

Bombay High Court Upholds Committal of Accused to Sessions Court in IPC Section 353 Case Due to State Amendment Enhancing Punishment. Amendment by Maharashtra Act 40 of 2018 reclassifies offence as triable by Sessions Court, and Section 323 CrPC mandates committal even if trial is at final stage.

8 Dec 2021

The petitioner, Kedar Rayjirao Salunke, was being prosecuted for offences punishable under Sections 353, 504, and 506(2) of the Indian Penal Code (IPC...

High Court

Karnataka High Court Dismisses Petition Seeking Transfer of Investigation in Domestic Violence Case — No Jurisdictional Error Found in Registration of FIR at Shahapur. Writ of Mandamus Cannot Be Issued Without Establishing Illegality or Jurisdictional Error Under Articles 226 and 227 of Constitution of India and Section 482 CrPC.

25 Sep 2020

The petitioner, Smt. K.A. Priyanka, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of...

High Court

Bombay High Court Quashes FIR in Money Lending and Forgery Case Due to Malafide Complaint and Suppression of Facts. Repeated complaint on same allegations after earlier quashing amounts to abuse of process under Section 482 CrPC.

30 Jan 2020

The applicants, Anup Dodiya and Niranjan Dodiya, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashi...

High Court

Bombay High Court Allows Wife's Revision Against Magistrate's Order in Domestic Violence Case — Breach of Protection Order Under Section 31 of DV Act is Cognizable Offence. The court held that the Magistrate must take cognizance of breach of protection order under Section 31 of the Domestic Violence Act, 2005, and proceed accordingly, as the breach is a cognizable offence.

7 Sep 2018

The applicant wife filed three revision applications under Section 401 of the Code of Criminal Procedure, 1973, challenging the order of the Sessions ...

High Court

High Court of Karnataka Dismisses Union of India's Appeal Against Grant of Default Bail Under UAPA — Right to Default Bail Accrues on Expiry of 90 Days from First Remand, Subsequent Filing of Charge Sheet Does Not Defeat Right.

26 Mar 2018

The Union of India filed writ appeals against an order of a learned Single Judge granting default bail to the respondents under Section 167(2) of the ...

High Court

High Court of Karnataka Quashes Preliminary Investigation Report and FIR in Lokayukta Corruption Case — Lack of Sanction Under Section 197 CrPC and Section 19 PC Act. Investigation Initiated Without Valid Sanction Against Public Servant is Void Ab Initio.

22 Aug 2016

The petitioner, Sri C. Mruthyunjayaswamy, a Chief Engineer in the National Highways department, filed a writ petition under Articles 226 and 227 of th...

High Court

High Court of Karnataka Dismisses Petition for De Novo Investigation in Cheating Case — No Grounds to Set Aside Chargesheet or Order Re-investigation. The court held that inherent powers under Section 482 CrPC are not to be exercised lightly and the petitioner failed to demonstrate any abuse of process or failure of justice.

1 Apr 2014

The petitioner, Smt. B. Aswathamma, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to set aside the charges...

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