Search Results for "Section 146 CrPC"

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High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated.

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bomb...

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High Court declined to Quash Addition of Section 498A IPC Charge in 10-Year-Old Suicide Case -- Prosecution Application Under Section 216 CrPC Held Maintainable

The petitioners, accused in a case under Section 306 IPC for abetment of suicide, challenged an order adding a charge under Section 498A IPC at the fa...

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Supreme Court Dismisses Appeal by Police Officers in Criminal Case Due to Lack of Requirement for Prior Sanction. Allegations of Assault and Defamation Not Connected to Official Duties Under Section 197 CrPC and Section 170 Karnataka Police Act, 1963, Thus Sanction Not Mandatory.

The dispute arose from a private complaint filed by the complainant against police officers, alleging assault, torture, defamation, and theft during i...

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Supreme Court Quashes Criminal Proceedings Against Guarantors in Bank Fraud Case Due to Settlement — Wives of Main Accused with No Active Role Entitled to Relief. Settlement of Civil Dues and Lack of Specific Role Justify Quashing of Charges Under Section 482 CrPC.

The Supreme Court allowed the appeal filed by K. Bharthi Devi and another (Accused Nos. 3 and 4) against the judgment of the High Court of Judicature ...

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High Court of Karnataka Upholds Cancellation of Bail in POCSO Case for Misuse of Liberty. Petitioner's bail cancelled under Section 439(2) CrPC for threatening victim and tampering with evidence, violating bail conditions under POCSO Act and IPC.

The petitioner, accused No.2 in Crime No.146/2023, was charged with offences under Sections 363, 376(2)(n), 506 IPC and Sections 4 and 6 of the Protec...

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Karnataka High Court Dismisses Petition Seeking Expeditious Disposal of Execution Case and Restoration of Conviction — Execution Case Already Disposed, Conviction Set Aside on Appeal. No Mandamus Issued as Relief Sought Became Infructuous.

The petitioner, Mr. Hemachandra M. Kuppalli, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of th...

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High Court of Karnataka Quashes SC/ST Act Proceedings Against Accused for Lack of Intent and Public View Requirement. Alleged Caste-Based Insults in Private Setting Not Attracting Section 3(1)(10) of SC & ST (Prevention of Atrocities) Act, 1989.

The petitioners, accused 1 to 8, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of procee...

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Bombay High Court Dismisses Husband's Appeal Against Permanent Alimony and Residential Accommodation for Wife Under Section 25 of Hindu Marriage Act, 1955. Family Court's Order for Rs.5,000 Monthly Maintenance and Rs.3,00,000 for Housing Upheld as Husband Failed to Show Changed Circumstances.

The appellant husband and respondent wife were married under Hindu law. The Family Court dissolved the marriage by an ex parte decree of divorce under...

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Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...