Search Results for "section 239 CrPC"

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Supreme Court Dismisses Appeal by Police Officers in Criminal Case Due to Lack of Requirement for Prior Sanction. Allegations of Assault and Defamation Not Connected to Official Duties Under Section 197 CrPC and Section 170 Karnataka Police Act, 1963, Thus Sanction Not Mandatory.

The dispute arose from a private complaint filed by the complainant against police officers, alleging assault, torture, defamation, and theft during i...

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Gujarat High Court Dismisses Revision Against Rejection of Discharge in Cheque Dishonour Case — Prima Facie Case Made Out Under Section 138 NI Act. No Interference Warranted as Magistrate's Order Based on Material Evidence.

The present criminal revision application was filed by Yogesh Premjibhai Suvariya and another (the petitioners/accused) challenging the order dated 08...

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Bombay High Court Allows Discharge of Accused in Cheating and Rape Case Due to Consensual Relationship and Lack of Deception from Inception. Promise to Marry Not Fulfilled Does Not Constitute Rape or Cheating When Relationship Was Consensual and Prosecutrix Was Aware of Accused's Marital Status.

The petitioner, Siddharth Narendra Banthia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 3rd Septem...

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Bombay High Court Dismisses Discharge Application in Cheque Dishonour Case — Defect in Complaint Verification Curable. Procedural Defect Not Fatal Under Section 138 of Negotiable Instruments Act, 1881.

The present application was filed by the original accused, Rajabhau Shankar Nagare, challenging the order dated 01.08.2018 passed by the learned Judic...

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Bombay High Court Dismisses Discharge Application Filed After Framing of Charge in Corruption Case. Application for discharge is not maintainable once charge has been framed, as per Supreme Court precedent.

The applicant, Vasant Santoshrao Palwe, a retired Police Sub-Inspector, filed Criminal Application (APL) No.252 of 2014 before the Bombay High Court, ...

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Supreme Court Allows Appeal of Accused No. 4 in Property Dispute Case — Quashes Criminal Proceedings for Lack of Prima Facie Case. Lease Deed Based on Registered Document Does Not Attract Criminal Liability Without Evidence of Conspiracy Under Section 482 CrPC.

The Supreme Court dealt with two sets of appeals arising from a common High Court order dated 01.06.2017. The complainant, Fatima Hasna, filed a priva...