Search Results for "Section 226 CrPC"

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Search Results for "Section 226 CrPC"

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High Court

Karnataka High Court Holds Petition Under Section 482 CrPC Maintainable for In-Laws in Domestic Violence Act Case — No Order Passed by Magistrate, Hence Section 29 Appeal Not Available. In-Laws, Including Senior Citizens and Brother-in-Law, Allowed to Seek Quashing as Proceedings Under Section 12 of Protection of Women from Domestic Violence Act, 2005, Could Be Tested Under Inherent Jurisdiction.

28 Jun 2024

The matter arose from proceedings initiated by the respondent wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005 agains...

Supreme Court

Supreme Court Sets Aside Summoning Under Section 319 CrPC Due to Lack of Strong Evidence. Court Holds That Mere Witness Deposition Reiterating Police Statements Is Insufficient to Summon Accused Who Were Previously Discharged After Investigation.

1 May 2019

The Supreme Court allowed the appeal filed by Rajesh and others against the judgment of the Punjab & Haryana High Court, which had confirmed the Trial...

High Court

High Court Quashes Trial Court’s Order Directing Re-Trial Under Section 216(4) Cr.P.C. in Murder Case Transferred to CBI. The Court Holds that Section 216(4) Cr.P.C. Does Not Empower Trial Court to Efface Evidence or Order De Novo Trial; Only Alteration of Charge and Examination of Witnesses for Altered Charge Permitted.

31 Aug 2024

The matter arose from a criminal petition under Section 482 Cr.P.C. and a writ petition under Articles 226 and 227 of the Constitution, challenging an...

Supreme Court

Supreme Court Sets Aside Quashing of Corruption Proceedings Due to Improper Exercise of Inherent Powers. High Court's Order Under Section 482 CrPC Was Unjustified After Dismissal of Discharge Application and Revision Petition on Same Grounds, Violating Principles Against Circumvention and Multiplicity.

26 Mar 2025

The appeal arose from a judgment of the High Court of Madras quashing criminal proceedings against the respondent under Section 13(2) read with Sectio...

High Court

Bombay High Court Quashes Second FIR Registered on Complaint of Accused in Same Incident — Bar on Multiple FIRs for Same Offence Under Section 154 Cr.P.C. The court held that registration of a second FIR on same facts after charge sheet is filed is impermissible and amounts to abuse of process, and the Magistrate's order under Section 156(3) Cr.P.C. cannot be used to direct a fresh FIR.

17 Apr 2017

The applicants, who were accused in a suicide abetment case, filed a criminal application under Section 482 Cr.P.C. seeking quashing of a second FIR r...

High Court

Bombay High Court at Goa Quashes FIR in Criminal Writ Petition for Non-Disclosure of Cognizable Offence — Sections 323, 427, 504, 506 IPC Non-Cognizable Without Sanction. Court held that FIR under Sections 341, 323, 427, 504, 506 read with Section 34 IPC was liable to be quashed as the complaint did not disclose the offence of wrongful confinement and other offences were non-cognizable.

10 Oct 2016

The petitioners, Antonio Xavier Gomes Pereira, Aravin Gomes Pereira, and Rui Gomes Pereira, filed a Criminal Writ Petition before the Bombay High Cour...

High Court

High Court of Karnataka Directs Police to Complete Investigation and File Final Report in Unnatural Death Case Within Six Weeks. Inquest Report Under Section 174 CrPC Not Final Report; Police Must File Final Report Under Section 173(2) Before Jurisdictional Magistrate; Closure Report Requires RCS Notice to Complainant to File Protest Petition.

28 Jul 2026

The case arose from a writ petition filed under Articles 226 and 227 of the Constitution by the petitioner, the complainant/informant, seeking a direc...

High Court

Karnataka High Court Sets Aside Special Judge's Order Dismissing Private Corruption Complaint Due to Erroneous Sanction Requirement. Court Holds That Section 17A of Prevention of Corruption Act Does Not Bar Pre-Cognizance Investigation Order Under Section 156(3) Cr.P.C., and Complaint Against Non-Public Servants Cannot be Dismissed Solely for Lack of Sanction Against Public Servants.

7 Sep 2022

The petitioner, a private complainant, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, assailing the order dated ...

High Court

Bombay High Court Allows Application for Perjury Proceedings Against Respondents in Writ Petition for Filing False Affidavits. Court holds that filing false affidavits amounts to contempt and perjury, and the court can initiate proceedings under Section 340 CrPC without hearing the accused at the preliminary stage.

22 Dec 2018

The judgment pertains to a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973 (CrPC) by the appli...

High Court

Karnataka High Court Rehears Quashing Petition Against Lokayukta FIR for Disproportionate Assets After Supreme Court Remand; Petitioner Alleges Absence of Preliminary Enquiry and Non-Application of Mind by Superintendent of Police Under Prevention of Corruption Act, 1988.

23 Apr 2026

The petitioner, a Superintendent Engineer in the Public Works Department, Government of Karnataka, filed a writ petition under Article 226 read with S...

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