Search Results for "Section 440 CrPC"

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Search Results for "Section 440 CrPC"

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High Court

High Court Quashes FIR and Revisional Order for Violation of Accused's Right to Hearing in Criminal Revision. The court held that Section 401(2) of the Code of Criminal Procedure, 1973 mandates hearing for accused or other persons in revisional proceedings, and Sessions Judge's failure to hear petitioners before allowing revision against dismissal of Section 156(3) application rendered the order and subsequent FIR invalid.

2 Apr 2026

The dispute arose from a criminal writ petition filed by two petitioners, a senior citizen and her daughter, seeking to quash an FIR registered agains...

High Court

High Court of Bombay at Goa Quashes FIR and Sessions Court Order for Violation of Natural Justice — Accused Not Heard in Revision Against Rejection of Section 156(3) CrPC Application. The court held that the accused must be heard before the Revisional Court when a revision is filed against the rejection of a Section 156(3) CrPC application, as failure to do so violates principles of natural justice.

2 Apr 2026

The petitioners, Smt. Shaila Damodar Sinai Borkar and Dr. Priti Siddsh Kharangate, filed a Criminal Writ Petition before the High Court of Bombay at G...

Supreme Court

Supreme Court Quashes Conviction in Revision for Murder Due to Statutory Bar Under Section 401(3) CrPC — High Court Exceeded Revisional Jurisdiction by Converting Acquittal into Conviction Without Notice to Accused. The Court held that revisional court cannot convert acquittal into conviction and that proceedings were vitiated for want of notice and abatement of revision upon death of complainant.

10 Jan 2025

The case pertains to an incident dated 13.03.1998 during the Holi festival. Initially, Dharampal lodged a complaint alleging assault by Om Parkash (co...

Supreme Court

Supreme Court Directs Compliance with Bail Guidelines and Judicial Reforms in Monitoring Proceeding. The Court issued specific directions to States, Union Territories, CBI, and High Courts for implementing bail guidelines under Sections 41 and 41-A of CrPC, creating Special Courts, and updating judicial training as per Satender Kumar Antil v. Central Bureau of Investigation and related orders.

13 Feb 2024

The Supreme Court, in a monitoring proceeding, addressed compliance with its earlier judgment in Satender Kumar Antil v. Central Bureau of Investigati...

Supreme Court

Supreme Court Allows Appeal Against Quashing of FIR in Bank Fraud Case — High Court Erred in Holding That Section 81(5B) of Maharashtra Co-operative Societies Act, 1960 Bars Registration of FIR by Third Party Based on Audit Report. The Court held that the special procedure under Section 81(5B) does not override the general criminal procedure for third-party complaints, and the FIR based on an audit report disclosing cognizable offences must be investigated.

20 Jul 2023

The appeal arises from a judgment of the Bombay High Court quashing FIR No. 806 of 2019 lodged by the appellant, Dhanraj N Asawani, against the respon...

Supreme Court

Supreme Court Allows CBI Appeal in Disproportionate Assets Case — Further Investigation Under Section 173(8) CrPC Permitted Despite Earlier Closure Report. The Court held that the Special Court could take cognizance on a charge sheet filed after further investigation under Section 173(8) CrPC even if a closure report under Section 173(2) CrPC had been previously accepted.

28 Apr 2023

The case involves appeals by the Central Bureau of Investigation (CBI) against a High Court order quashing the prosecution of D. Dwarakanadha Reddy (A...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration. Conviction under Section 302 IPC Set Aside as Dying Declaration Lacked Proper Certification and Corroboration.

11 Jan 2023

The appellant, Salim Kasam Shaikh, was convicted under Section 302 of the Indian Penal Code (IPC) by the Additional Sessions Judge, Ahmednagar, for th...

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...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Sericulture Officers in Misappropriation Case — Lack of Sanction Under Section 197 CrPC Renders Prosecution Invalid. Criminal proceedings under Sections 409 and 420 IPC against public servants quashed for want of prior sanction as required under Section 197 of CrPC, as the alleged acts were committed in discharge of official duties.

10 Sep 2018

The case involves multiple writ petitions filed by public servants working as Sericulture Inspectors and a retired Deputy Director of Sericulture in K...

High Court

High Court of Karnataka Quashes Prosecution Sanction Against Former Lokayuktha in Corruption Case — Sanction Order Held Invalid for Non-Application of Mind and Lack of Independent Consideration by Governor. The court held that the Governor's sanction under Section 19 of Prevention of Corruption Act, 1988 must reflect independent application of mind, and a mechanical endorsement of the investigating agency's proposal renders the sanction invalid, vitiating the entire prosecution.

22 Nov 2016

The petitioner, Dr. Y. Bhaskar Rao, a former Karnataka State Lokayuktha, was arraigned as accused no.7 in Spl.CC 429/2015 for offences under the Preve...

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