Search Results for "Magistrate's Power"

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Search Results for "Magistrate's Power"

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Supreme Court

Supreme Court Sets Aside High Court's Direction to Register FIR in Criminal Complaint. Remedy for Non-Registration Lies Before Magistrate Under Section 156(3) CrPC, Not Under Article 226.

20 Mar 2020

The Supreme Court allowed the appeal against the Madurai Bench of Madras High Court's order directing registration of an FIR based on a complaint. The...

Supreme Court

Supreme Court Sets Aside High Court's Direction to Register FIR in Criminal Appeal. Remedy for Non-Registration Lies Before Magistrate Under Section 156(3) CrPC, Not Under Article 226.

20 Mar 2020

The Supreme Court allowed an appeal against the Madurai Bench of Madras High Court's order directing registration of an FIR based on a complaint. The ...

High Court

Bombay High Court Allows Petition and Quashes Non-Bailable Warrant in Domestic Violence Case — Magistrate Exceeded Powers Under Section 28(2) of Protection of Women from Domestic Violence Act, 2005 by Issuing NBW for Non-Payment of Interim Maintenance, as Section 28(2) Only Permits Laying Down Procedure for Disposal of Application, Not for Enforcement of Orders.

6 May 2014

The petitioner, Sachin Bodhale, husband of the respondent Sushma Bodhale, challenged an order passed by the learned Magistrate in Misc. Criminal Appli...

High Court

Bombay High Court Allows Writ Petition Challenging Magistrate's Refusal to Release Accused Under Section 169 CrPC in Unlawful Activities Case. The court held that once police find no sufficient evidence, Magistrate cannot order further investigation under Section 156(3) CrPC and must release the accused.

17 Oct 2012

The petitioners, along with one Abdul Aahad, were accused in Crime No. 3065/2009 registered at Murtizapur Police Station for offences under the Unlawf...

High Court

Bombay High Court Quashes Magistrate's Order for Police Investigation Under Section 156(3) CrPC in Private Complaint — Magistrate Lacks Power to Direct Investigation After Taking Cognizance Under Section 201 CrPC. The court held that once cognizance is taken, the Magistrate must follow the procedure under Sections 200-203 CrPC and cannot resort to Section 156(3) CrPC.

13 Aug 2012

The applicants, 14 individuals, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the Bombay High C...

High Court

Bombay High Court Allows Restoration of Complaint in Criminal Defamation Case. Magistrate Has Inherent Power to Restore Complaint Dismissed for Default Under Section 500 IPC.

20 Jul 2011

The petitioner, Kishore Babubhai Ruparel, filed a criminal complaint under Section 500 read with Section 34 of the Indian Penal Code, 1860 (IPC) again...

High Court

Madras High Court Dismisses Revision by Proposed Accused Against Order for Further Investigation in Trust Property Dispute. Magistrate's Power to Order Further Investigation Under BNSS Upheld Despite Filing of Protest Petition.

27 Apr 2026

The case involves a criminal revision petition filed by three petitioners, who are proposed accused, challenging an order dated 22.08.2025 passed by t...

High Court

Bombay High Court Dismisses Petition Challenging Magistrate's Recall of Order Under Section 156(3) CrPC. Magistrate Has Inherent Power to Recall Administrative Order Directing Investigation When Passed Without Notice to Accused.

20 Aug 2018

The petitioner, Dr. Deepak Kesari, filed a criminal writ petition challenging the orders of the Magistrate and the Additional Sessions Judge. The Magi...

High Court

Bombay High Court Dismisses State's Petition Challenging Sessions Judge's Order Permitting Home Food to Undertrial Prisoner on Medical Grounds. Power of Magistrate to Grant Home Food is Implicit in Detention Powers Under Prisons Act, 1984, and Medical Condition of Prisoner Justifies Such Permission.

10 Nov 2017

The State of Maharashtra, through the Superintendent of Jail, Latur, filed a criminal writ petition under Article 227 of the Constitution of India cha...

High Court

High Court Quashes Magistrate's Order Rejecting 'B' Final Report in Stalking and Criminal Intimidation Case — Lack of Proper Application of Mind and Non-Compliance with Section 173 Cr.P.C. The court held that the Magistrate must apply his mind to the police report and documents before rejecting a 'B' report and cannot mechanically direct registration of a case.

27 Nov 2017

The petitioner, Dr. Ravikumar, filed a petition under Section 482 Cr.P.C. seeking to quash the order dated 30.07.2015 passed by the Principal Senior C...

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