Search Results for "Section 362 CrPC bar"

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Search Results for "Section 362 CrPC bar"

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Supreme Court

Supreme Court Allows Appeal Against High Court Order Upholding Family Court's Recall of Maintenance Order Under Section 125 CrPC. The Court held that the Family Court lacked jurisdiction to recall its final order disposing of the maintenance petition, as Section 362 CrPC prohibits alteration or review of a judgment except for clerical or arithmetical errors.

19 Feb 2020

The case involves a matrimonial dispute where the appellant husband, Sanjeev Kapoor, was married to respondent No.1, Chandana Kapoor, on 04.11.1998. T...

High Court

Bombay High Court Allows Petitioner to Seek Expert Opinion on Age of Ink in Cheque in Summary Criminal Case Under Negotiable Instruments Act. Interlocutory orders can be modified during trial; Section 362 CrPC bar not attracted.

29 Jul 2011

The petitioner, Mansingh Gopusingh Pawar, filed a Criminal Writ Petition under Article 227 of the Constitution of India before the Bombay High Court, ...

Supreme Court

Supreme Court Allows CBI to Bring Authorization Order on Record in Corruption Case. Procedural Lapse Does Not Bar Subsequent Application Under Section 173(2)(5)(a) CrPC; Substantive Justice Prevails Over Technicalities.

7 May 2019

The Supreme Court allowed an appeal by the State represented by the Inspector of Police, CBI, against the dismissal of its application to bring on rec...

High Court

High Court of Karnataka Dismisses Revision Petition Seeking Set-Off of Pre-Conviction Detention Against Sentence in Theft Case. Petitioners' claim for set-off under Section 428 CrPC rejected as they were in judicial custody in a different case during the relevant period.

25 Oct 2024

The petitioners, accused in C.C.No.575/2015 for offences under Sections 457, 380 read with 34 IPC, were convicted and sentenced by the trial court on ...

High Court

Bombay High Court Allows Quashing of Chargesheet in Attempt to Murder Case Due to Settlement Between Parties. The Court held that continuation of criminal proceedings arising from a personal dispute, where the complainant had settled the matter and no longer wished to prosecute, would be an abuse of process of law, and quashed the chargesheet under Section 482 CrPC despite the offences being non-compoundable.

3 May 2023

The Bombay High Court at Aurangabad, in Criminal Application No.2081 of 2021, considered an application under Section 482 of the Code of Criminal Proc...

Supreme Court

Supreme Court Allows Second Complaint After Acceptance of Negative Final Report Under Section 173 Cr.P.C. — No Blanket Bar Exists. The Court held that Section 300(1) Cr.P.C. does not apply as there was no trial or conviction/acquittal, and a second complaint on same facts is maintainable if it discloses new facts or circumstances or if the earlier order was passed without proper application of mind.

1 Jan 2024

The case arose from a complaint filed by the second respondent on 11.11.2010 before the Chief Judicial Magistrate, Cachar, Silchar, which was forwarde...

High Court

Madras High Court Dismisses Revision Against Forwarding of Complaint for Forgery Investigation — Pendency of Civil Suit No Bar to Criminal Proceedings Under BNSS. The court held that the Magistrate's forwarding of a complaint under Section 175(3) BNSS based on a forensic report indicating forgery was valid, and the pendency of a civil suit does not bar criminal proceedings.

24 Apr 2026

The case involves a criminal revision petition filed by four petitioners challenging an order of the Judicial Magistrate No.II, Dharmapuri, dated 16.0...

High Court

Bombay High Court Dismisses Application for Restoration of Criminal Revision Dismissed for Non-Prosecution: Bar of Section 362 CrPC Precludes Review of Final Order. The Court held that Section 362 of the Code of Criminal Procedure, 1973 prohibits any review or alteration of a final order, including dismissal for default, and inherent power under Section 482 cannot override this express bar.

6 May 2005

The matter arose from a conviction under Section 138 of the Negotiable Instruments Act, 1881. The applicant, a proprietary concern, was convicted and ...

High Court

High Court of Karnataka Considers Petition to Quash Criminal Proceedings for Offences Under IPC in Relation to Forged Document Produced in Court. Petitioner Argues Bar Under Section 195 CrPC Renders Cognizance Without Jurisdiction.

2 Aug 2022

The petitioner, Smt. Latha Rajanikanth, approached the High Court of Karnataka under Section 482 of the Code of Criminal Procedure, 1973 seeking to qu...

Supreme Court

Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

1 Aug 2026

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

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