Search Results for "Magistrate's permission"

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Search Results for "Magistrate's permission"

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High Court

Bombay High Court at Goa Quashes Section 133 CrPC Proceedings Initiated Based on Panchayat Complaint — Dispute Over Fencing on Private Property Not a Public Nuisance Under Section 133 CrPC. The court held that proceedings under Section 133 CrPC cannot be initiated for a private property dispute where there is a civil dispute over title and possession, and the Magistrate must apply judicial mind before acting on a police report.

15 Feb 2019

The petitioner, Mr. Alexio Travasso, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Criminal Pro...

High Court

High Court of Karnataka Dismisses Writ Petition Seeking Action Against Police Officers for Alleged Illegal Detention and Assault. Court holds that the Magistrate's order accepting explanation of police officers and declining to initiate proceedings does not warrant interference under Articles 226 and 227 of the Constitution of India.

10 Oct 2013

The petitioners, eight individuals, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka a...

High Court

Karnataka High Court Allows Prosecution to Produce Additional Documents Under Section 242(2) Cr.P.C. — Documents Not Part of Charge-Sheet Can Be Received in Evidence if Filed Before Framing of Charges. The court upheld the trial court's order permitting production of 17 documents by prosecution in a case under Sections 408 and 201 IPC.

23 Jul 2018

The petitioners, accused in C.C. No. 1157/2010 for offences under Sections 408 and 201 IPC, challenged an order dated 11.04.2017 passed by the Civil J...

High Court

Bombay High Court Quashes Criminal Complaint in Land Dispute Case Due to Civil Nature of Dispute. Court holds that allegations of criminal trespass and mischief are essentially civil in nature and do not disclose any criminal offence, warranting quashing under Section 482 CrPC.

19 Jan 2016

The applicant, Harish Khajanchi, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Complain...

High Court

Karnataka High Court Allows Prosecution to Produce Additional Documents Under Section 242(2) Cr.P.C. — Documents Not Part of Charge-Sheet Can Be Received in Evidence if Filed Before Framing of Charges. The court held that Section 242(2) Cr.P.C. applies before framing of charges and the prosecution's application was maintainable as charges were not yet framed.

23 Jul 2018

The petitioners, accused in C.C.No.1157/2010 for offences under Sections 408 and 201 IPC, challenged an order dated 11.04.2017 passed by the Civil Jud...

High Court

Karnataka High Court Examines Whether Accused in Negotiable Instruments Act Case Can Give Evidence by Affidavit. Court Considers Application for Quashing of Proceeding Permitting Accused's Affidavit and Rejection of Section 311 Cr.P.C. Application.

19 Jul 2024

The petitioner, as complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, sought quashing of the proceeding...

High Court

Bombay High Court Quashes Trial Court Order Directing Prosecution to Examine Additional Witnesses Under Section 311 CrPC — Power Cannot Be Used to Fill Gaps in Prosecution Case. The court held that summoning uncited witnesses to fill lacunae is beyond the scope of Section 311 CrPC and violates the accused's right to a fair trial.

8 Jul 2010

The case involves a criminal application filed by the accused (applicants) challenging an interim order passed by the 1st Ad hoc Additional Sessions J...

High Court

High Court of Karnataka Quashes Complaint Under Karnataka Societies Registration Act for Lack of Mandatory Sanction. Private Complaint Without Prior Sanction of Registrar Under Section 155 of the Act is Not Maintainable and Proceedings are an Abuse of Process.

6 Mar 2019

The petitioner, Basavarappa S/o Siddappa Shirgumbi, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the Hi...

High Court

High Court of Karnataka Issues Directions in PIL Regarding Encroachment of Public Streets and Footpaths by Religious Pandals and Street Vendors. The Court Clarified That the Grant of Temporary Construction Licences Under Section 288(2) of Karnataka Municipal Corporations Act, 1976, Does Not Empower BBMP to Authorize Structures That Obstruct Public Passage.

27 Sep 2019

The High Court of Karnataka at Bengaluru heard a Public Interest Litigation filed by a resident of Thyagarajanagar, Bengaluru, who appeared in person....

High Court

Bombay High Court Allows State's Petition, Holds Accused Cannot Cross-Examine Approver at Pre-Committal Stage Under Section 306(4) CrPC. The right to cross-examine the approver arises only after committal to the Court of Sessions, as the examination under Section 306(4) is for committal purposes only.

18 Apr 2016

The State of Maharashtra filed a writ petition challenging the order of the Additional Sessions Judge, Greater Mumbai, which allowed the respondents (...

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