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Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...

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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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Bombay High Court Acquits Appellant in Murder Case Due to Benefit of Doubt — Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt. Conviction under Section 302 IPC set aside as prosecution failed to prove chain of circumstances consistent only with guilt.

The appellant, Gangubai Kashinath Kamble, was convicted by the Additional Sessions Judge, Pune, in Sessions Case No. 365/1994 for the murder of her hu...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder and Robbery Case Due to Unreliable Circumstantial Evidence. Chain of Circumstances Not Complete to Prove Guilt Beyond Reasonable Doubt Under Sections 302 and 392 read with Section 34 of IPC.

The State of Maharashtra appealed against the judgment of the 2nd Additional Sessions Judge, Sawantwadi dated 24 January 1997 acquitting the responden...

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High Court of Karnataka Rehears Criminal Appeals Against Conviction for Murder and Robbery After Remand by Supreme Court. Conviction Based on Circumstantial Evidence and Recoveries Challenged Under Section 374(2) of Code of Criminal Procedure, 1973.

The matter originated from the murder of Smt. Chukibai, a 68-year-old pawnbroker residing alone at Chamarajpet, Bengaluru. On 12.05.1991, accused No.1...

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Bombay High Court Upholds Conviction for Murder Based on Dying Declarations in Bride Burning Case. Two consistent dying declarations naming the appellant as the perpetrator were found reliable and sufficient to sustain conviction under Section 302 IPC.

The appellant, Shekhar @ Shankar Hanmant Hosmani, was convicted under Section 302 of the Indian Penal Code for the murder of Shobha, a sex worker, by ...