Search Results for "CrPC Section 439"

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Search Results for "CrPC Section 439"

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High Court

High Court of Karnataka Quashes FIR in Cheating and Forgery Case — Dispute Essentially Civil in Nature. Allegations of Will forgery and cheating held to be civil disputes where criminal proceedings are an abuse of process under Section 482 CrPC.

5 Jul 2024

The petitioners, Smt. Vanitha and Venkatesh M., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qua...

High Court

Bombay High Court Grants Bail to Accused in MCOC Act Case Due to Lack of Prima Facie Evidence of Organised Crime and Prolonged Incarceration. The court held that the prosecution failed to establish a prima facie case under Sections 3(1)(ii), 3(2), and 3(4) of the Maharashtra Control of Organised Crime Act, 1999, and that the applicant's continued detention would violate his right to speedy trial.

18 Apr 2024

The applicant, Sunil Ashok Kondugale, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) before the Bom...

Supreme Court

Supreme Court Allows Second Complaint After Acceptance of Negative Final Report Under Section 173 Cr.P.C. — No Blanket Bar Exists. The Court held that Section 300(1) Cr.P.C. does not apply as there was no trial or conviction/acquittal, and a second complaint on same facts is maintainable if it discloses new facts or circumstances or if the earlier order was passed without proper application of mind.

1 Jan 2024

The case arose from a complaint filed by the second respondent on 11.11.2010 before the Chief Judicial Magistrate, Cachar, Silchar, which was forwarde...

High Court

Bombay High Court Allows Anticipatory Bail Application in POCSO and Atrocities Act Case - Section 42-A POCSO Act Prevails Over Section 14-A Atrocities Act, Making Section 438 CrPC Maintainable.

19 Dec 2023

The case involved an anticipatory bail application under Section 438 CrPC by Aniket Labade, accused of offences under IPC, POCSO Act, and SC/ST Act. T...

Supreme Court

Supreme Court Quashes Bail Orders in Murder Case Due to Lack of Reasoning and Non-Compliance with Judicial Directions. The High Court's cryptic bail grants without addressing offence gravity or accused's evasion of court proceedings violated established bail principles under Code of Criminal Procedure, 1973.

18 Jan 2022

The appeals were preferred by the informant appellant, mother of the deceased Yameen, challenging the bail orders granted by the High Court of Judicat...

High Court

Karnataka High Court Grants Bail to Accused in POCSO and SC/ST Act Cases Due to Inconsistent Statements of Victim and Lack of Prima Facie Case. The court found that the victim's contradictory statements under Sections 161 and 164 CrPC regarding age and assault undermined the prosecution's case, leading to bail under Section 439 CrPC.

26 Nov 2020

The petitioner, Hanumantha Mogaveera, filed two criminal petitions under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No...

High Court

Karnataka High Court Grants Bail to Accused in POCSO Case Due to Age Discrepancy and Consensual Relationship. The court held that at the bail stage, a prima facie case is to be seen, and since the victim supported the accused and age was disputed, bail was granted under Section 439 CrPC.

1 Sep 2020

The petitioner, Arvind Kumar K.S., accused No.1, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking ba...

Supreme Court

Supreme Court Remits Bail Challenge to High Court for Fresh Consideration — Distinction Between Cancellation of Bail and Challenge to Arbitrary Exercise of Discretion Clarified. The Court held that the High Court erred in treating the appellant's application as one for cancellation of bail under Section 439(2) CrPC instead of a challenge to the arbitrary exercise of discretion in granting bail under Section 439 CrPC, and remitted the matter for fresh consideration.

30 Jul 2019

The appellant, Bharatbhai Bhimabhai Bharwad, filed criminal appeals against orders of the Gujarat High Court that declined to interfere with the trial...

High Court

Bombay High Court Quashes FIR and Section 156(3) Order in Stockbroker-Client Dispute. Dispute over share transactions held to be civil, not criminal, under Section 409 IPC.

5 May 2017

The petitioners, Nirmal Bang Securities Private Limited (a stockbroking company) and its directors, filed a writ petition under Article 226 of the Con...

High Court

Bombay High Court Cancels Bail of Accused in Tiger Poaching Case Under Wild Life (Protection) Act, 1972 — Accused Found to Be Financier and Key Link in Transnational Wildlife Trafficking.

12 Dec 2014

The State of Maharashtra (Forest Department) filed an application under Section 439(2) of the Criminal Procedure Code, 1973 seeking cancellation of ba...

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