Search Results for "Section 107 CrPC"

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Search Results for "Section 107 CrPC"

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High Court

High Court of Karnataka Quashes Preventive Detention Under Goonda Act for Non-Application of Mind and Lack of Material. Detention order set aside as the detaining authority failed to consider the detenu's bail applications and did not provide relevant documents to the detenu, violating procedural safeguards under Article 22(5) of the Constitution.

16 Oct 2024

The petitioner, Smt. Sangeeta Sunkrol, wife of the detenu Satish @ Market Satya, filed a writ petition for habeas corpus challenging the detention ord...

Supreme Court

Supreme Court Restores POCSO and IT Act Charges in Child Pornography Case — High Court Erred in Quashing Chargesheet Without Considering Presumption of Culpable Mental State. Possession of Child Pornographic Material, Even Without Intent to Distribute, Constitutes an Offence Under Section 15(1) of POCSO and Section 67B of IT Act.

23 Sep 2024

The Supreme Court allowed the appeals filed by Just Rights for Children Alliance and another child rights organization against the judgment of the Mad...

High Court

Bombay High Court Grants Habeas Corpus to Petitioner Arrested Without Compliance of Section 57 CrPC and Article 22(2) of Constitution — Illegal Detention and Non-Production Before Magistrate Within 24 Hours Violates Fundamental Rights. The court held that the arrest was illegal due to non-compliance with mandatory provisions of the Code of Criminal Procedure and the Constitution, and ordered the petitioner's release.

5 Sep 2024

The petitioner, Hem Prabhakar Shah, filed a writ of habeas corpus before the Bombay High Court challenging his arrest and detention by the Azad Maidan...

Supreme Court

Supreme Court Allows Appeal and Restores Discharge Order in Murder Case Due to Insufficient Evidence. The Court Held That the Post-mortem Report and Doctor's Testimony Showed Natural Death with No Ante-mortem Injuries, Contradicting Assault Allegations Under Sections 341, 323, and 302 IPC, Justifying Discharge Under Section 227 CrPC.

18 Jan 2024

The dispute arose from a criminal case involving allegations of murder under Sections 341, 323, and 302 of the Indian Penal Code. The appellants were ...

High Court

High Court of Karnataka Quashes FIR in Abetment of Suicide Case Against Company Executives — No Proximate Link Between Alleged Acts and Suicide Established. Court holds that mere issuance of show-cause notice or termination of employment does not constitute abetment of suicide under Section 306 IPC without evidence of direct instigation or active participation.

28 Jul 2023

The petitioners, employees of Lifestyle International Private Limited, sought quashing of FIR No. 151/2023 registered at Whitefield Police Station for...

High Court

High Court of Karnataka Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Complaint Under Section 138 of Negotiable Instruments Act, 1881 Fails as Notice Was Not Sent to Correct Address of Accused.

14 Sep 2021

The petitioners, accused Nos.1 to 3, filed a petition under Section 482 of CrPC seeking quashment of the complaint in PCR No.107/2019 and the conseque...

High Court

Bombay High Court at Goa Quashes Section 133 CrPC Proceedings Initiated Based on Panchayat Complaint — Dispute Over Temporary Fencing on Private Property Not a Public Nuisance. The court held that proceedings under Section 133 CrPC are not maintainable for private property disputes and quashed the same under Article 227 and Section 482 CrPC.

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 Allows Accused to File Affidavit in Lieu of Oral Evidence in NI Act Case — Section 145(2) of Negotiable Instruments Act, 1881 Permits Accused to Give Evidence on Affidavit, Reversing Trial Court's Rejection.

9 Aug 2016

The petitioner, Afzal Pasha, was the accused in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, pending before the XIV Ad...

High Court

Bombay High Court Quashes Section 145 CrPC Proceedings Against Petitioner in Property Dispute — Civil Suit Pending Over Same Property Renders Criminal Proceedings Unwarranted. Initiation of proceedings under Section 145 of the Code of Criminal Procedure, 1973 based on police report without satisfaction of imminent breach of peace is unsustainable when civil suit regarding title and possession is already pending.

5 Aug 2014

The petitioner, Shaikh Wajid S/o Abdul Gani, filed a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad, seeking to quash procee...

High Court

Bombay High Court Quashes Chapter Proceedings for Non-Compliance with Mandatory Requirements Under Sections 110(e) and (g) CrPC. Failure to Record Separate Order and Furnish Copy to Accused Renders Proceedings Illegal.

23 Aug 2013

The petitioners, Vijay Purshottam Salvi @ Tambat, Sanjay Govind Naidu, and Shivaji Ravindra Kumbhar, filed three separate criminal writ petitions chal...

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