Search Results for "section 398 IPC"

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High Court

High Court Quashes FIR and Revisional Order for Violation of Accused's Right to Hearing in Criminal Revision. The court held that Section 401(2) of the Code of Criminal Procedure, 1973 mandates hearing for accused or other persons in revisional proceedings, and Sessions Judge's failure to hear petitioners before allowing revision against dismissal of Section 156(3) application rendered the order and subsequent FIR invalid.

2 Apr 2026

The dispute arose from a criminal writ petition filed by two petitioners, a senior citizen and her daughter, seeking to quash an FIR registered agains...

High Court

Gujarat High Court Dismisses State Appeal Against Acquittal in Robbery Case Due to Unreliable Identification and Lack of Recovery. Failure to Conduct Test Identification Parade and Weak Circumstantial Evidence Led to Upholding of Acquittal Under Sections 394, 397, 398 IPC.

7 Jan 2026

The State of Gujarat filed two criminal appeals challenging the common judgment and order dated 23.7.2007 passed by the learned Additional Sessions Ju...

Supreme Court

Supreme Court Quashes Conviction in Revision for Murder Due to Statutory Bar Under Section 401(3) CrPC — High Court Exceeded Revisional Jurisdiction by Converting Acquittal into Conviction Without Notice to Accused. The Court held that revisional court cannot convert acquittal into conviction and that proceedings were vitiated for want of notice and abatement of revision upon death of complainant.

10 Jan 2025

The case pertains to an incident dated 13.03.1998 during the Holi festival. Initially, Dharampal lodged a complaint alleging assault by Om Parkash (co...

Supreme Court

Supreme Court Allows Summoning of Additional Accused Under Section 319 CrPC in Assault Case — High Court Erred by Relying on Police Investigation Over Trial Evidence. The Court restored the Sessions Judge's order summoning four persons as additional accused based on the injured witness's testimony, holding that the High Court improperly considered police investigation reports.

13 Dec 2024

The case arises from a criminal appeal against the judgment of the Punjab and Haryana High Court, which set aside an order of the Additional Sessions ...

High Court

High Court of Bombay at Goa Dismisses State Appeal Against Acquittal in Explosives and Waging War Case — Prosecution Fails to Prove Possession of Explosives Beyond Reasonable Doubt. Recovery of alleged RDX and hand grenades from accused not established due to contradictions in seizure witnesses and lack of independent corroboration.

24 Jan 2020

The State of Goa appealed against the acquittal of Tariq Ahmad Buttloo by the learned Adhoc Assistant Sessions Judge, FTC-I, South Goa at Margao, in S...

High Court

High Court of Karnataka Quashes Local Surety Condition in Bail Order for Accused Under Section 398 IPC — Condition of Furnishing One Surety from Bidar Held Unreasonable and Oppressive. The court held that imposing a condition requiring a surety from a specific district, when the accused has no local connections, is arbitrary and defeats the purpose of bail.

16 Oct 2019

The petitioner, Navid, was accused No.3 in Crime No.103/2019 registered at Aurad Police Station for an offence punishable under Section 398 of the Ind...

High Court

Bombay High Court Disposes of News Broadcaster's Petition Challenging RBI Refusal to Accept Compounding Applications Under Foreign Exchange Management Act. The Court Examines the Compounding Process and the Validity of the 2017 Amendment to Rule 8(2) Barring Compounding When Section 37A Proceedings Are Contemplated.

26 Jun 2018

The petitioner, a public limited news broadcasting company, filed a writ petition under Article 226 of the Constitution of India challenging the actio...

High Court

Bombay High Court Quashes FIR Against Police Officers for Lack of Sanction Under Section 197 CrPC and Section 170 BNSS. The court held that the police officers were acting in discharge of official duty and no sanction was obtained, hence the FIR is quashed.

30 Mar 2015

The petitioners, three police officers attached to Kharghar Police Station, filed a writ petition under Article 226 of the Constitution and Section 48...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Murder and Cruelty Case. Acquittal of husband and mother-in-law for alleged dowry death upheld due to lack of credible evidence and unreliable dying declarations.

13 Oct 2010

The State of Maharashtra appealed against the judgment and order dated 20th March 1991 passed by the learned Sessions Judge, Pune in Sessions Case No....

Supreme Court

Supreme Court Dismisses Appeal Against Conviction Under Section 353 IPC for Assaulting Public Servants. Court Holds That Section 195 CrPC Does Not Bar Trial for Distinct Offence of Assault on Public Servant, Even Though Same Facts Also Constituted Obstruction Under Section 186 IPC.

23 Feb 1966

The case arose from an incident where the appellants obstructed and assaulted two public servants who were executing a decree of a civil court. The ap...

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