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Supreme Court Allows State Appeal Against High Court Order Setting Aside Rejection of Discharge in Gang Rape Case. High Court Exceeded Revisional Jurisdiction by Reappreciating Evidence at Pre-Charge Stage Under Section 227 CrPC.

The present appeals were preferred by the State of West Bengal against the impugned judgment and order dated 06.05.2022 passed by the High Court at Ca...

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Bombay High Court Quashes Section 304 IPC Charges Against Petitioners in Absence of Culpable Homicide Ingredients. No Overt Act or Intention to Cause Death Found in FIR Allegations.

The petitioners, Pinkesh Dhiraj Patel and Hiren Kirtikumar Rangani, filed a Criminal Writ Petition under Article 226 of the Constitution of India read...

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High Court of Karnataka Acquits Accused in Murder Case Due to Lack of Evidence and Inconsistencies. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Smt. Kavitha, was convicted by the IV-Additional District and Sessions Judge, Madhugiri, in S.C.No.5051/2016 for the offence punishable...

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High Court of Karnataka Dismisses State Appeal Against Acquittal in Dowry Death Case — Prosecution Fails to Prove Demand of Dowry and Harassment. Acquittal of Accused Under Sections 498A, 304B, 302, 201 IPC Upheld Due to Lack of Credible Evidence and Inconsistencies in Testimony.

The State of Karnataka appealed against the acquittal of respondents K.B. Ganesh and Smt. Leelavathi @ Leela by the First Additional District and Sess...

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High Court of Karnataka Dismisses State Appeal Against Acquittal in POCSO and IPC Case Due to Lack of Evidence. Trial Court's Acquittal Upheld as Prosecution Failed to Prove Case Beyond Reasonable Doubt Under Section 6 of POCSO Act and Section 366-A IPC.

The State of Karnataka filed an appeal under Section 378(1) and (3) of the Criminal Procedure Code, 1973 against the judgment and order of acquittal d...

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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.

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

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Bombay High Court Dismisses Appeal Against Committal of Insolvent to Civil Prison Under Section 34 of Presidency Towns Insolvency Act, 1909. Insolvent Removed Properties Without Leave of Official Assignee and Failed to Cooperate, Justifying Committal for Six Months.

The appeal arose from an order of the learned Single Judge directing the Appellant, Rajesh D. Vora, who was adjudged insolvent, to be committed to civ...

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Bombay High Court Quashes Magistrate's Order for Further Investigation in Cheating Case — Magistrate Cannot Direct Further Investigation Under Section 173(8) CrPC After Charge Sheet Filed Without New Material

The applicants, Atul Shridhar Kaple and Shabbir Valli Zohebbhai Valli, filed an application under Section 482 of the Code of Criminal Procedure, 1973 ...