Search Results for "Section 240 CrPC"

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Search Results for "Section 240 CrPC"

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Supreme Court

Supreme Court Allows Appeal in Criminal Complaint Case — Remand for Compliance with Section 244 CrPC Set Aside. High Court erred in remanding matter for pre-charge evidence under Section 244 CrPC after charges were framed under Section 240 CrPC, as Section 244 applies only to warrant cases instituted on private complaint.

1 Jan 2026

The appellant, Neeraj Gupta, filed a criminal complaint against the respondents, Pardeep Kumar Bansal and others, alleging that on 12th April 2007, a ...

Supreme Court

Supreme Court Upholds CBI Arrest of Chief Minister in Excise Policy Corruption Case, Denies Bail Due to Gravity of Offence. Arrest under Section 41(1)(b)(ii) CrPC valid despite non-issuance of notice under Section 41A as accused was already in judicial custody; High Court's direction to approach trial court for bail not erroneous.

13 Sep 2024

The Supreme Court dismissed appeals by Arvind Kejriwal challenging his arrest by the CBI and denial of regular bail in connection with the Excise Poli...

Supreme Court

Supreme Court Refers Default Bail Computation Issue to Larger Bench Due to Conflicting Precedents. The Court Examines Whether Date of Remand is Included or Excluded in Calculating 60/90-Day Period Under Section 167(2) of Code of Criminal Procedure, 1973 for Entitlement to Default Bail.

27 Mar 2023

The Supreme Court addressed a reference concerning the computation of the remand period for default bail under Section 167(2) of the Code of Criminal ...

Supreme Court

Supreme Court Reinstates Prosecution of Public Servant and Spouse in Prevention of Corruption Act Case for Disproportionate Assets. High Court's Discharge Order Quashed as It Erred in Re-appreciating Evidence at Charge Framing Stage Under Section 239 CrPC, Failing to Consider Prima Facie Case Based on FIR and Charge Sheet Materials.

5 Sep 2022

The Supreme Court heard appeals by the State of Tamil Nadu against the Madras High Court's judgment discharging a public servant and his wife from pro...

High Court

High Court of Karnataka Allows Accused to Adduce Defence Evidence in POCSO Case — Rejection of Plea by Trial Court Set Aside. Right to Fair Trial Under Section 482 CrPC Includes Opportunity to Present Defence Witnesses Even After Prosecution Evidence Closed.

20 Jul 2022

The petitioner, Sri Periyaswamy M., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court o...

Supreme Court

Supreme Court Allows State Appeal in Army Offence Jurisdiction Dispute, Restoring Sessions Court Trial. Concurrent Jurisdiction Under Section 125 of Army Act, 1950 Upheld, with Commanding Officer's Discretion Exercised Through Cooperation with Civil Investigation.

1 Feb 2022

The appeal arose from a judgment of the High Court of Sikkim, which upheld an order of the Sessions Judge directing that the accused, an Army personne...

Supreme Court

Supreme Court Reverses High Court's Quashing of FIR in Disproportionate Assets Case Under Prevention of Corruption Act, 1988. The Court Held That a Preliminary Inquiry Is Not Mandatory Before FIR Registration and the FIR Should Not Be Quashed as It Discloses a Cognizable Offence Based on Source Information.

8 Oct 2021

The appeal arose from a judgment of the Telangana High Court dated 11 February 2020, which allowed a writ petition filed by the respondents under Arti...

Supreme Court

Supreme Court Allows State Appeal Against Quashing of FIR in Forgery Case — Preliminary Inquiry Under Section 340 CrPC Not Mandatory Before Filing Complaint Under Section 195 CrPC. The Court held that the High Court erred in quashing the FIR on the ground that no preliminary inquiry was held and no opportunity was given to the accused, as Section 340 CrPC does not mandate such inquiry or hearing.

26 Feb 2020

The Supreme Court allowed the appeal filed by the State of Punjab against the judgment of the Punjab and Haryana High Court which had quashed FIR No. ...

Supreme Court

Supreme Court Allows Appeal in Land Dispute Case — Holds Magistrate Can Order Further Investigation Post-Cognizance Under Section 173(8) CrPC. The Court clarified that the power to order further investigation is not extinguished by filing of charge-sheet or taking of cognizance, and can be exercised before commencement of trial.

16 Oct 2019

The case arises from an FIR lodged on 22.12.2009 by Nitinbhai Mangubhai Patel, Power-of-Attorney holder of Ramanbhai Bhagubhai Patel and Shankarbhai B...

Supreme Court

Supreme Court Allows Appeal of Mother in Dowry Death Case — Restores Summoning of Husband Under Section 319 CrPC. High Court Erred in Reappreciating Evidence at Summoning Stage; Prima Facie Case Exists Based on Circumstantial Evidence Including Sole Presence of Husband, Hasty Burial, and Injuries on Deceased.

20 Sep 2019

The appeal arises from a judgment of the Allahabad High Court which set aside an order of the trial court summoning the second respondent (husband of ...

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