Search Results for "pre-cognizance"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "pre-cognizance"

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Supreme Court

Supreme Court Upholds FIRs for Illegal Mining Despite Compounding Under MMDR Act — IPC Offences Are Distinct and Not Barred by Section 22 of MMDR Act. The court held that compounding under the MMDR Act does not bar prosecution under the IPC for theft and criminal misappropriation, as the offences are separate and distinct.

1 Sep 2020

The Supreme Court dismissed appeals by private appellants and the State of Madhya Pradesh against the High Court's refusal to quash FIRs for illegal m...

High Court

Bombay High Court Quashes Investigation Order Against Chief Secretary in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act. Court held that no court can take cognizance of an offence under the Act without prior sanction for prosecution of a public servant, and the order under Section 156(3) CrPC directing investigation was invalid as it effectively bypassed the mandatory sanction requirement.

22 Apr 2019

The applicant, UPS Madan, who was the Additional Chief Secretary (Finance) and later Chief Secretary of Maharashtra, filed an application under Sectio...

Supreme Court

Supreme Court Allows Appeal Against Order for Further Investigation After Discharge of Accused. Magistrate Becomes Functus Officio After Discharge and Cannot Order Further Investigation Under Section 173(8) CrPC.

9 Apr 2019

The appellant, Bikash Ranjan Rout, was the original accused in FIR No. 426/2007 registered at Police Station Janakpuri, Delhi for offences under Secti...

High Court

Bombay High Court Allows Petition Challenging Intervention Order in Section 156(3) Cr.P.C. Proceedings. Proposed Accused Have No Right of Hearing at Pre-Cognizance Stage Under Section 156(3) of Code of Criminal Procedure, 1973.

19 Jan 2018

The petitioner, Mrs. Laxmi Mukul Gupta, filed an application under Section 156(3) of the Code of Criminal Procedure, 1973 before the Metropolitan Magi...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheating and Forgery Case Due to Lack of Prima Facie Evidence and Civil Nature of Dispute. Dispute Between Teacher and Educational Society Over Non-Payment of Salary Held to be Civil, Not Criminal, Under Sections 406, 420, 465 IPC.

26 Sep 2017

The judgment pertains to two criminal writ petitions filed by the petitioners seeking quashing of criminal proceedings initiated against them by the r...

High Court

Bombay High Court Allows Writ Petition Challenging Sessions Court's Order Setting Aside Magistrate's Direction for Police Investigation Under Section 156(3) CrPC. The High Court Held That a Magistrate Can Order Investigation Under Section 156(3) CrPC Even After Recording Complainant's Evidence at Pre-Cognizance Stage, as Cognizance Has Not Yet Been Taken.

13 Nov 2013

The petitioner, Rajesh Chandmal Varma, filed an application before the Chief Judicial Magistrate, Jalgaon, alleging commission of various cognizable o...

High Court

Bombay High Court Quashes Process Against Accused in Cheque Bounce Case for Lack of Territorial Jurisdiction. Issuance of process under Section 138 of Negotiable Instruments Act, 1881 set aside as accused resided outside magistrate's jurisdiction and no part of cause of action arose within it.

21 Nov 2011

The petitioners, Netcore Solutions Pvt. Ltd. and its directors/officers, all residents of Mumbai, challenged the order dated 16.12.2010 passed by the ...

High Court

Bombay High Court Allows Criminal Writ Petition Challenging Revisional Order Setting Aside Magistrate's Direction for Police Investigation Under Section 156(3) CrPC. The Court Held That the Magistrate's Power to Order Investigation Is Not Barred by Pendency of Civil Proceedings and the Revisional Court Erred in Setting Aside the Order Without Hearing the Complainant.

14 Oct 2011

The petitioner, Syed Muzaffaruddin Khan, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India challenging the judgme...

High Court

Bombay High Court Quashes Magistrate's Order for Further Investigation in Cheating Case — Magistrate Cannot Direct Further Investigation Under Section 173(8) CrPC After Charge Sheet Filed Without New Material

21 Apr 2011

The applicants, Atul Shridhar Kaple and Shabbir Valli Zohebbhai Valli, filed an application under Section 482 of the Code of Criminal Procedure, 1973 ...

High Court

Bombay High Court Quashes Criminal Proceedings Against Teachers for Lack of Sanction Under Section 197 CrPC. Acts Alleged to be in Discharge of Official Duty Require Prior Sanction for Prosecution of Public Servants.

30 Nov -0001

The judgment involves a batch of nine criminal applications filed by applicants (complainants) against non-applicant teachers and the State of Maharas...

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