Search Results for "CrPC non-application"

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Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

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Supreme Court Quashes Bail Order in Murder Case Due to Non-Application of Mind by High Court. Bail granted without considering seriousness of crime, role of accused, and other relevant factors under Code of Criminal Procedure, 1973, violating principles of reasoned judicial orders.

The dispute arose from a criminal appeal challenging the High Court's bail order in a murder case. The appellant, who lost two sons in the incident, f...

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Supreme Court Sets Aside High Court Bail Order in Murder Case Due to Lack of Reasoning. Bail granted under Section 439 CrPC quashed as order was cryptic and failed to consider gravity of offence under Section 302 IPC, with matter remanded for fresh decision.

The appeal was preferred by the informant-appellant, the son of the deceased, challenging the High Court of Rajasthan's order dated 7th May 2020 grant...

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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.

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

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Bombay High Court Quashes Process Issued Under Section 323 IPC for Lack of Proper Inquiry Under Section 202 CrPC. Magistrate Must Apply Judicial Mind Before Issuing Process; Failure to Conduct Proper Inquiry Renders Process Illegal.

The petitioner, Mohan Appa Ghongade, filed a criminal writ petition challenging the order dated 27.08.2005 passed by the Judicial Magistrate First Cla...

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Bombay High Court Quashes Chapter Proceedings Under Section 107 CrPC Based on Single FIR Without Independent Material. Mere Registration of Criminal Case Insufficient to Justify Preventive Action Under Section 107 CrPC.

The petitioners, Sandeep Shivaji Mhatre, Tushar Bhimsen Saigaokar, and Nilesh @ Sonu Mahanand Jadhav, filed three separate criminal writ petitions cha...