Search Results for "section 397 crpc"

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Search Results for "section 397 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 Allows Appeals in FERA Case Due to Non-Compliance with Mandatory Opportunity Notice and Violation of Speedy Trial. The Court quashed criminal complaints and summoning orders against Standard Chartered Bank and its officer for offences under FERA, holding that the proviso to Section 61(2) of FERA requires a mandatory opportunity notice before prosecution, and that inordinate delay of over 20 years violated Article 21.

1 Jan 2026

The case involves appeals by Standard Chartered Bank and its officer against the judgment of the Bombay High Court, which declined to quash two crimin...

Supreme Court

Supreme Court Allows Complainant's Appeal in Criminal Procedure Case, Reinstating Summons Under Section 319 CrPC. The High Court's Premature Interference with Trial Court's Summons Based on Eyewitness Evidence and Prima Facie Satisfaction Was Set Aside, Emphasizing the Court's Duty to Ensure Justice Under Section 319 of the Code of Criminal Procedure, 1973.

26 Mar 2025

The Supreme Court heard appeals against an order of the Punjab and Haryana High Court which had set aside summons issued under Section 319 of the Code...

Supreme Court

Supreme Court Quashes High Court's Stay on Discharge Order — Upholds Liberty of Accused. Apex Court Reaffirms Higher Pedestal of Discharged Accused — Lays Down Strict Parameters for Stay on Discharge Orders

28 Feb 2025

Supreme Court quashed the High Court’s stay and surrender order — Held that stay on discharge orders should only be granted in rare and exceptiona...

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...

High Court

Bombay High Court Holds It Has Power to Accept Consent Terms and Compound Offence Under Section 138 NI Act in Revision Proceedings. The Court clarifies that Section 397 CrPC read with Section 401 CrPC empowers the High Court to record compromise and acquit accused even in revision, subject to satisfaction of complainant.

20 Dec 2024

The Bombay High Court was hearing a group of criminal revision applications and connected matters, all arising from proceedings under Section 138 of t...

High Court

Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

10 Apr 2024

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

High Court

High Court of Karnataka Allows Revision Petition in Section 319 CrPC Case — Trial Court Directed to Reconsider Summoning of Additional Accused. Prima Facie Evidence Test Must Be Applied for Summoning Under Section 319 of Code of Criminal Procedure, 1973.

23 Sep 2023

The petitioner, Renuka @ Shivubai, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973,...

High Court

Bombay High Court Allows Criminal Writ Petition Challenging Sessions Court's Revision Order Against Issuance of Process. Order of Issuance of Process Under Section 204 CrPC is Interlocutory and Not Revisable Under Section 397(2) CrPC.

18 Jan 2011

The petitioner, Sharad Vasant Sawant, filed a complaint under Sections 406 and 420 read with 34 of the Indian Penal Code, 1860 against respondent nos....

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