Search Results for "Pre-cognizance stage"

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Supreme Court Allows Appeal Against Order for Further Investigation After Discharge of Accused. Magistrate Becomes Functus Officio After Discharge and Cannot Order Further Investigation Under Section 173(8) CrPC.

The appellant, Bikash Ranjan Rout, was the original accused in FIR No. 426/2007 registered at Police Station Janakpuri, Delhi for offences under Secti...

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Bombay High Court Allows Petition Challenging Intervention Order in Section 156(3) Cr.P.C. Proceedings. Proposed Accused Have No Right of Hearing at Pre-Cognizance Stage Under Section 156(3) of Code of Criminal Procedure, 1973.

The petitioner, Mrs. Laxmi Mukul Gupta, filed an application under Section 156(3) of the Code of Criminal Procedure, 1973 before the Metropolitan Magi...

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Bombay High Court Quashes Criminal Proceedings in Cheating and Forgery Case Due to Lack of Prima Facie Evidence and Civil Nature of Dispute. Dispute Between Teacher and Educational Society Over Non-Payment of Salary Held to be Civil, Not Criminal, Under Sections 406, 420, 465 IPC.

The judgment pertains to two criminal writ petitions filed by the petitioners seeking quashing of criminal proceedings initiated against them by the r...

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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 Magistrate's Order for Further Investigation in Cheating Case — Magistrate Cannot Direct Further Investigation Under Section 173(8) CrPC After Charge Sheet Filed Without New Material

The applicants, Atul Shridhar Kaple and Shabbir Valli Zohebbhai Valli, filed an application under Section 482 of the Code of Criminal Procedure, 1973 ...

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Bombay High Court Quashes Criminal Proceedings Against Teachers for Lack of Sanction Under Section 197 CrPC. Acts Alleged to be in Discharge of Official Duty Require Prior Sanction for Prosecution of Public Servants.

The judgment involves a batch of nine criminal applications filed by applicants (complainants) against non-applicant teachers and the State of Maharas...