Search Results for "Section 340 CrPC"

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Bombay High Court Allows Default Bail to Accused in MPID Act Case Due to Chargesheet Not Taken Cognizance Within 90 Days. The right to default bail under Section 167(2) CrPC accrues when the chargesheet is not taken cognizance within the prescribed period, even if physically filed earlier.

The applicant, Wasudeo Shrawan Kamble, was arrested on 13 July 2020 in connection with Crime No. 427/2020 registered at Police Station Ballarshah, Dis...

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Bombay High Court Quashes FIR Against Doctor in Assault Case Due to Lack of Prima Facie Evidence and Malafide Intent. Allegations of Assault on Advocate During Court Proceedings Found Baseless as Complainant Was Not a Public Servant Under Section 353 IPC.

The applicant, Dr. Sanjay Andhare, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.60/2015 ...

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Supreme Court Dismisses Transfer Petitions in Criminal Cases Alleging Lack of Territorial Jurisdiction — Cause of Action Not Wholly Absent in Gurugram

The petitioner, Kaushik Chatterjee, was appointed as Group Chief Risk Officer-Executive Director of a non-banking finance company (the second responde...

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High Court of Karnataka Examines Default Bail Plea Against Custody Extension Under Organised Crime Act. Statutory Bail Application Ignored; Extension Sought Beyond 90 Days Violates Section 167(2) Cr.P.C. and Fundamental Rights.

The petitioner, an accused in a murder case under the Karnataka Control of Organized Crimes Act, 2000, filed a writ petition challenging the order of ...

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Supreme Court Refers Default Bail Computation Issue to Larger Bench Due to Conflicting Precedents. The Court Examines Whether Date of Remand is Included or Excluded in Calculating 60/90-Day Period Under Section 167(2) of Code of Criminal Procedure, 1973 for Entitlement to Default Bail.

The Supreme Court addressed a reference concerning the computation of the remand period for default bail under Section 167(2) of the Code of Criminal ...

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Bombay High Court Quashes Criminal Proceedings in Forgery Case Due to Lack of Sanction Under Section 195 CrPC — Complaint Based on Alleged Forged Document Used in Civil Suit Requires Prior Sanction for Prosecution Under Sections 463, 464, 465, 466, 470, 471, 196 IPC.

The applicants, Sumitrabai Trimbak Khanderay and Trimbak Tukaramji Khandaray, filed a criminal application under Section 482 CrPC seeking to quash the...

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Supreme Court Upholds Default Bail Under Section 167(2) CrPC Despite Subsequent Filing of Chargesheet. Indefeasible Right Accrues on Expiry of Statutory Period and Filing of Bail Application Before Chargesheet.

The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the ...

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High Court of Karnataka Quashes Criminal Revision Order in Cheque Dishonour Case Due to Non-Compliance with Mandatory Notice Period Under Section 138 of Negotiable Instruments Act, 1881. Complaint Filed Before Expiry of 15-Day Notice Period Held Invalid, Proceedings Quashed Under Section 482 CrPC.

The petitioners, accused in a cheque dishonour case, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to set ...

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Bombay High Court Allows Quashing of FIR in Matrimonial Dispute Case Due to Amicable Settlement. Court Quashes Criminal Proceedings Under Sections 498A, 323, 504 r/w 34 IPC as Parties Have Resolved Differences and Consent Terms Filed.

The petitioners, who are the husband, mother-in-law, and sister-in-law of the respondent No. 2 (the complainant), filed a criminal writ petition seeki...