Search Results for "Section 342 CrPC"

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Bombay High Court Quashes FIR Against Police Officers in Custodial Death Case Due to Lack of Sanction Under Section 197 CrPC. Prosecution for alleged murder and torture during custody fails as prior sanction for prosecution of public servants was not obtained, rendering the proceedings invalid.

The judgment pertains to two criminal writ petitions filed by police officers seeking quashing of an FIR registered by the Central Bureau of Investiga...

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Madras High Court Dismisses Appeal Against Acquittal in Murder Case Due to Unreliable Dying Declaration and Hostile Witnesses. The deceased's dying declaration was not recorded by a Magistrate and lacked medical certification, making it insufficient to overturn the Trial Court's acquittal.

The case arises from a criminal appeal filed by the defacto complainant (father of the deceased) under Section 372 CrPC against the judgment of acquit...

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High Court of Karnataka Quashes POCSO Proceedings Against Accused Due to Lack of Sexual Intent — Allegations of Slapping and Wrongful Confinement Do Not Attract Sections 11 and 12 of POCSO Act, 2012

The petitioner, Smt. Thahseen Begum @ Tasi, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the...

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Supreme Court Sets Aside Enhancement of Sentence in POCSO Case Due to Procedural Violation — High Court's Suo Motu Enhancement Without Notice Held Illegal. Enhancement of Sentence from 7 to 10 Years in Accused's Own Appeal Violates Section 386 Proviso CrPC and Principles of Natural Justice.

The appellant, Kumar Ghimirey, was convicted by the Special Judge (POCSO Act, 2012) under Section 9/10 of the Protection of Children from Sexual Offen...

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Bombay High Court Quashes FIR in Matrimonial Dispute Due to Settlement Between Parties — Inherent Powers Under Section 482 CrPC Used to Prevent Abuse of Process. Settlement Between Husband and Wife Leads to Quashing of FIR for Offences Under Sections 323, 326, 342, 506 IPC.

The applicants, including the wife (applicant No.1) and her brothers (applicant Nos.2 and 3), filed a criminal application under Section 482 of the Co...

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High Court of Karnataka Upholds Convictions in Gang Rape and Murder Case Based on Circumstantial Evidence. The court affirmed life sentences for four accused and dismissed appeals by the victim's mother seeking death penalty and conviction of acquitted accused.

The case involves multiple criminal appeals arising from the judgment of the V Additional District and Sessions Judge, Belgaum, in SC No.9/2008. The v...