Search Results for "Section 226 CrPC"

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Search Results for "Section 226 CrPC"

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High Court

Bombay High Court Quashes State Notification Making Certain IPC Offences Cognizable and Non-Bailable Under Criminal Law Amendment Act, 1932 — State Government Lacks Power to Amend CrPC by Executive Notification. The Court held that Section 10 of the Criminal Law Amendment Act, 1932 does not empower the State Government to amend the Code of Criminal Procedure, 1973, and the notification was ultra vires.

21 Jul 2010

The petitioner, Shri Vishwajit P. Rane, filed a Criminal Writ Petition under Article 226 of the Constitution of India challenging a Notification dated...

High Court

High Court of Karnataka Quashes FIR in Criminal Petition for Lack of Prima Facie Case — Dispute of Civil Nature Not Attracting Criminal Offences. Allegations of cheating, extortion, wrongful restraint, and voluntarily causing hurt under Sections 384, 341, 324, 420 read with 34 IPC found to be civil disputes over partnership and financial transactions.

10 Nov 2021

The petitioners, Santhosh Chinnappa Reddy Tulasiram, Arun Kumar Gajarajan, and Sandeep Chinnappa Reddy Tulasiram, filed a criminal petition under Sect...

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 Examines Petition to Quash Criminal Proceedings Against Husband in Suicide Abetment Case. Petitioner Contended That Victim's Depression and Video Statement Negated Instigation, Relying on Precedents Interpreting Section 306 IPC and Section 498A IPC.

9 Aug 2024

The petitioner, the husband of the deceased, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of t...

High Court

Bombay High Court Quashes Second FIR in Criminal Breach of Trust Case — Proceedings Based on Same Facts as Earlier FIR Amount to Abuse of Process of Law. Second FIR on Identical Allegations by Co-Accused Not Maintainable Under Section 482 CrPC.

4 Jul 2017

The petitioner, Pawan Lodha, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Regular Cri...

High Court

Supreme Court Allows Transfer of Murder Trial from West Bengal to Assam Due to Apprehended Bias and Mala Fide State Action. State's Attempt to Withdraw Prosecution Under Section 321 CrPC Set Aside as Arbitrary, and Trial Court's Conduct Raises Doubts on Fair Trial.

1 Jan 2023

The case arises from a transfer petition filed by Afjal Ali Sha, brother of the deceased Kurban Sha, seeking transfer of the murder trial (S.T. No. 1 ...

High Court

Bombay High Court Quashes Criminal Proceedings Against Retired Municipal Employees in Forgery Case Due to Lack of Sanction Under Section 197 CrPC. Allegations of Fabricating Official Records Require Prior Sanction for Prosecution of Public Servants for Acts Done in Discharge of Official Duty.

6 Feb 2015

The petitioners, four retired employees of the Municipal Council, Ahmedpur, filed a Criminal Writ Petition under Article 226 of the Constitution of In...

High Court

High Court of Karnataka Quashes Proceedings in NI Act Complaint for Non-Compliance with BNSS Section 223 Procedure. Mandatory hearing of accused at cognizance stage under first proviso to Section 223 BNSS applies to complaints under Section 138 of Negotiable Instruments Act, 1881.

28 Apr 2025

The petitioner, Ashok S/o Siddappa Bankar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (corresponding to Secti...

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 at Goa Quashes CBI Court Order Directing FIR Registration in Corruption Case — Lack of Jurisdiction Under Section 156 CrPC. Special Judge Cannot Direct Investigation Without Complaint Under Prevention of Corruption Act, 1988.

16 Sep 2015

The petitioners, the Police Inspector and Superintendent of Police of the Central Bureau of Investigation (CBI), challenged an order dated 3.5.2014 pa...

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