Search Results for "Section 438 Cr.P.C."

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Search Results for "Section 438 Cr.P.C."

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High Court

Court Upholds Stringent Provisions of MCOC Act, Denies Anticipatory Bail. Emphasizes Legislative Intent to Combat Organized Crime, Dismisses Reliance on SCST Act Precedents and Non-Binding Judgments

28 Jun 2024

The judgment examines the applicability of anticipatory bail provisions under the Maharashtra Control of Organized Crime Act (MCOC Act) in comparison ...

Supreme Court

Supreme Court Quashes Anticipatory Bail in Rape Case Involving Casting Couch Allegations Due to Overlooked Victim Credibility and Gravity of Offence. High Court's Grant of Bail Under Section 438 CrPC Set Aside as Court Emphasized Seriousness of Section 376 IPC Charges and Consistent Victim Statements Supporting Rape Allegations.

17 Mar 2023

The Supreme Court of India, in a judgment delivered by Justice Hima Kohli, addressed appeals arising from the High Court of Judicature at Bombay's ord...

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 Quashes High Court's Administrative Directions on Bail Listings During Pandemic Due to Judicial Overreach. Single Judge's Orders Restricting Bail Applications and Arrests Exceeded Jurisdiction and Infringed on Chief Justice's Administrative Powers Under the Code of Criminal Procedure, 1973.

29 Sep 2021

The Supreme Court of India heard two connected criminal appeals arising from special leave petitions filed by the High Court of Judicature for Rajasth...

Supreme Court

Supreme Court Quashes High Court's Protective Order in Anticipatory Bail Dismissal - No Power to Grant Protection After Rejection Under Section 438 CrPC. The Court held that once anticipatory bail is rejected, the High Court cannot grant any protection from arrest as the proviso to Section 438(1) of the Code of Criminal Procedure, 1973 explicitly permits arrest, and no inherent power exists for such relief.

28 May 2021

The Supreme Court addressed criminal appeals arising from special leave petitions filed by complainants aggrieved by High Court orders. The background...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

Supreme Court

Supreme Court Grants Anticipatory Bail to Former Police Officer in 29-Year-Old Murder Case. Court holds that custodial interrogation not required when appellant cooperates with investigation and no direct evidence links him to murder.

8 Sep 2020

The Supreme Court considered an appeal against the dismissal of an anticipatory bail application by the High Court of Punjab and Haryana. The appellan...

Supreme Court

Supreme Court Grants Bail to Former Finance Minister in INX Media Corruption Case — Held That Apprehension of Influencing Witnesses Without Material Cannot Deny Bail

22 Oct 2019

The Supreme Court allowed the appeals filed by P. Chidambaram against the Delhi High Court's order denying him regular bail in the INX Media corruptio...

Supreme Court

Supreme Court Dismisses Anticipatory Bail Plea of Former Finance Minister in INX Media Money Laundering Case. Custodial Interrogation Required Under PMLA as Allegations of FIPB Clearance Irregularities and Receipt of Proceeds of Crime Are Serious.

5 Sep 2019

The Supreme Court dismissed an appeal by P. Chidambaram, former Finance Minister, against the Delhi High Court's refusal to grant anticipatory bail in...

Supreme Court

Supreme Court Quashes FIR Against Appellants in Forgery Case for Clerical Error in Vakalatnama. High Court's Direction to Lodge Complaint Set Aside for Lack of Satisfaction Under Section 340 CrPC.

10 May 2019

The case arises from a criminal appeal against the judgment of the Madurai Bench of Madras High Court dated 14.09.2016, which dismissed the anticipato...

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