Search Results for Tag : CrPC
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Petitions U/S 482 CrPC to be Filed Only After Completion of 15 Days: Madras High Court(12.10.2018)
Madras High Court has issue directives that petitions under Section 482 CrPC challenging refusal by SHO to record information to be filed only after c.....
Tags : Madras High Court, CrPC, Section 482
Bombay HC: Benefit Under Section 436-A of CrPC Can be Extended to Undertrials Only(02.09.2020)
Bombay High Court has held that the benefit under Section 436-A of the Code of Criminal Procedure, 1973 (CrPC) can be extended to an undertrial prison.....
Tags : Bombay High Court, Benefit Under Section 436-A of CrPC
Karnataka HC: Criminal Proceedings Cannot be Held Ex-Parte Unless Attendance Dispensed With Reason(02.06.2022)
Karnataka HC has held that a criminal trial can’t be held in the absence of an accused unless personal appearance is dispensed with for valid reasons......
Tags : Karnataka High Court, CrPC, Witness
Gujarat HC: Nexus Between Act and Official Duty Necessary to Claim Benefit U/S 197 CrPC(02.06.2022)
Gujarat high Court has held that if a Government servant is accused of any criminal offence, then there needs to be a reasonable connection between th.....
Tags : Gujarat High Court, CrPC, Public Servant
Karnataka HC: Second Petition U/S 482 CrPC Maintainable Only in Cases of Changed Circumstances(02.06.2022)
Karnataka High Court has held that second petition under Section 482 of the Criminal Procedure Code, for quashing the criminal proceedings will be mai.....
Tags : Karnataka High Court, Section 482 CrPC
Karnataka HC: Accused Can't Invoke Jurisdiction U/A 226 of Constitution Or U/S 482 CrPC Through POA(10.06.2022)
Karnataka High Court has held that a Power of Attorney (POA) holder of an accused cannot maintain a petition under Article 226 or 227 of the Constitut.....
Tags : Karnataka High Court, CrPC, Power of Attorney
Allahabad HC: Section 125 CrPC Falls Within Constitutional Sweep of Article 15 (3)(16.03.2022)
Allahabad High Court has observed that Section 125 of Code of Criminal Code, 1973 is enacted for social justice and especially to protect women and ch.....
Tags : Allahabad High Court, Section 125 CrPC
SC: Delay in Reporting Seizure Report to Magistrate Won’t Vitiate Act of Seizure by Police(14.05.2024)
Supreme Court has observed that if there is any delay on the part of the police in submitting the seizure report to the Magistrate, such delay shall n.....
Tags : Supreme Court, Section 102(3) of CrPC, Seizure Report
All HC: No Bar on Anticipa. Bail to Accused Booked u/s 376(3) IPC through UP Amend. to S. 438 CrPC(15.05.2024)
All. HC has held that the Criminal Procedure Code (Uttar Pradesh Amendment) Act, 2018 through which provision of anticipatory bail has been revived in.....
Tags : Allahabad High Court, S. 376(3) IPC, S. 438 CrPC
Supreme Court: Benefit of Section 436A CrPC Extends Even to Accused Under PMLA(21.05.2024)
Supreme Court has held that Section 436A of the Code of Criminal Procedure, 1973 (CrPC) will apply even to a case under the Prevention of Money Launde.....
Tags : Supreme Court, S. 436A CrPC, PMLA
Ker. HC: To Seek Investigation u/s 156(3) of CrPC, Pre-Conditions Have to be Satisfied(23.05.2024)
Kerala HC has held that where investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC) is sought, it is necessary to satisfy .....
Tags : Kerala High Court, Pre-Conditions, Section 156(3) of CrPC
Meghalaya High Court: Trial Court Should Adopt Procedure Understandable by Illiterate Person(11.03.2024)
Meghalaya High Court has observed that the trial court while performing its duty under Section 313 of the Code of Criminal Procedure, 1973, should ado.....
Tags : Meghalaya High Court, Section 313 of CrPC, Illiterate Person
Karnataka High Court: Daughter-In-Law Can’t Lay Maintenance Claim Against Parents-In-Law(12.03.2024)
Karnataka High Court has held that under Section 125 of the Criminal Procedure Code, 1973 a daughter-in-law cannot seek maintenance from her parents-i.....
Tags : Karnataka High Court, Section 125 of CrPC, Maintenance
SC: Police Officers Submitting Chargesheets Must Abide by Requirements Given u/s 173(2) of CrPC(13.03.2024)
Supreme Court has held that police officers while discharging their duties regarding submission of chargesheets must comply with the mandatory require.....
Tags : Supreme Court, Section 173(2) of CrPC, Chargesheets
MP HC: Maintenance Can’t be Sought by Woman from Second Marriage if First Marriage Subsists(13.03.2024)
Madhya Pradesh High Court has held that a woman, having solemnized second marriage to another person is not entitled to maintenance under Section 125 .....
Tags : Madhya Pradesh High Court, Section 125 of CrPC, Maintenance
SC: Can’t Grant Anticipatory Bail to Accused if Non-Bailable Warrant and Proclamation Pending(15.03.2024)
Supreme Court has held that in cases where an accused against whom a non-bailable warrant is pending and the process of proclamation under Sections 82.....
Tags : Supreme Court, Non-Bailable Warrant, Section 82 of CrPC, Section 83 of CrPC
All. HC: EMI of Personal Loan to be Added in Monthly Income for Determining Maintenance u/s 125 CrPC(15.03.2024)
Allahabad High Court has held that in order to determine the monthly allowance payable to the wife under Section 125 of the Code of Criminal Procedure.....
Tags : Allahabad High Court, Section 125 of CrPC, Personal Loan, Monthly Income
SC: HC Cannot Quash Criminal Proceedings on Basis of its Assessment of Statements u/s 161 CrPC(12.02.2020)
Supreme Court has held that criminal proceedings cannot be quashed on the basis of statements recorded before Police officials in terms of Section 161.....
Tags : Supreme Court, Criminal Proceeding on Basis of Statements u/s 161 CrPC
Delhi HC Refuses to Entertain PIL Against Alleged Non-Compliance of S. 173 CrPC(20.01.2022)
Delhi High Court has refused to entertain a Public Interest Litigation against alleged non-compliance of Section 173 of Code of Criminal Procedure, 19.....
Tags : Delhi High Court, Non-Compliance of S. 173 CrPC
Karnataka HC: Further Investigation u/s 173(8) CrPC Must Always Relate to Crime(25.01.2022)
Karnataka High Court has said that further investigation conducted under Section 173(8) of Code of Criminal Procedure, 1973 must always relate to the .....
Tags : Karnataka High Court, Further Investigation u/s 173(8) CrPC
Karnataka HC: Further Investigation u/s 173(8) CrPC Must Always Relate to Crime(25.01.2022)
Karnataka High Court has said that further investigation conducted under Section 173(8) of Code of Criminal Procedure, 1973 must always relate to the .....
Tags : Karnataka High Court, Further Investigation u/s 173(8) CrPC
Kerala High Court: Advocate Not to be Arrested Without Giving Notice of Appearance U/S 41A CrPC(05.02.2024)
Kerala High Court has directed that the Advocate who allegedly committed sexual harassment of a woman client, cannot be arrested without issuance of n.....
Tags : Kerala High Court, Section 41 A CrPC, Sexual Harassment
Cal. HC: Filling Gaps in Prosecution Case By Invoking Section 53A of CrPC Offends Article 21 of COI(13.02.2024)
Calcutta High Court has held that filling up gaps in the prosecution case by invoking Section 53A of the Code of Criminal Procedure, 1973 (CrPC) for D.....
Tags : Calcutta High Court, S. 53 of CrPC, A. 21 of COI
Supreme Court: Section 144 of CrPC Cannot be Used to Prevent Exercise of Democratic Rights(13.01.2020)
Supreme Court has ruled that the mechanical imposition of prohibitory orders under Section 144 of the Code of Criminal Procedure, 1973 cannot be used .....
Tags : Supreme Court, Section 144, CrPC
SC: Default Bail Can’t be Claimed on Ground of Pending Investigation Against Other Accused(24.01.2024)
Supreme Court has held that statutory right of default bail cannot be claimed by accused under Section 167(2) of Code of Criminal Procedure, 1973 on t.....
Tags : Supreme Court, Pending Investigation, Default Bail, Section 167(2) of CrPC
Karnataka High Court: FIRs Cannot be Transferred by Invoking Powers Under Section 407 CrPC(24.01.2024)
Karnataka High Court has held that First Information Reports (FIRs) cannot be transferred by invoking powers under Section 407 of the Code of Criminal.....
Tags : Karnataka High Court, First Information Reports, Section 407 CrPC, Transfer
Ch HC: Impotency of Husband Sufficient Reason for Wife to Reside Separately, Entitled to Maintenance(29.01.2024)
Chhattisgarh High Court has observed that the impotency of the husband would be sufficient reason for the wife to reside separately and in such cases .....
Tags : Chhattisgarh High Court, Maintenance, Section 125 of CrPC
All HC:Husband Duty Bound to Maintain Wife Despite Lack of Income as He Can Earn as Unskilled Labour(29.01.2024)
Allahabad High Court has held that a husband is duty-bound to provide maintenance to his wife under Section 125 Code of Criminal Procedure, even if, h.....
Tags : Allahabad High Court, Section 125 CrPC, Maintenance
Cal. HC: Maint. Provisions in CrPC are Welfare Provisions, Not to be Proved Beyond Reasonable Doubt(02.02.2024)
Calcutta High Court has recently held that the provisions for maintenance under Section 125 of Code of Criminal Procedure (CrPC) are welfare legislati.....
Tags : Calcutta High Court, Reasonable Doubt, Section 125 CrPC, Welfare Provision
Punjab & Haryana High Court: No Bar Under JJ Act to Grant Bail to Child In Conflict with Law(03.06.2024)
P&H HC has held that application for grant of anticipatory bail under section 438 of the Code of Criminal Procedure, 1973 at behest of child in confli.....
Tags : Punjab & Haryana High Court, Anticipatory Bail, S. 438 of CrPC
Raj HC: PP Bound to Prosecute Accused Once Application u/s 321 CrPC Rejected(03.06.2024)
Rajasthan High Court has held that once an application filed for withdrawal of prosecution against the accused under Section 321 of the Code of Crimin.....
Tags : Rajasthan High Court, S. 321 of CrPC, Withdrawal of Prosecution, Public Prosecutor
All. HC: Application u/s 483 CrPC for Speedy Disposal of Plea u/s 125 CrPC, Maintainable(11.06.2024)
All. HC has held that as Family Court exercises jurisdiction of judicial magistrate while deciding application under Section 125 Cr.P.C., application .....
Tags : Allahabad High Court, S. 483 of CrPC, S. 125 of CrPC, Expeditious Disposal
Ker. HC: Power Under Section 216 of CrPC Can be Exercised by the Court at Any Time Before Judgement(12.06.2024)
Kerala High Court has observed that alteration of charge is the vested power of the court given under Section 216 of Code of Criminal Procedure, 1973 .....
Tags : Kerala High Court, Alteration of Charge, S. 216 of CrPC
Ker. HC: Police Officials Can't Be Prosecuted Without Govt's Sanction for Act Done During Duty(17.06.2024)
Kerala High Court has held that police officials cannot be prosecuted for an act done while discharging their official duty without taking sanction fr.....
Tags : Kerala High Court, Section 197 CrPC
Madras HC Reserves Orders on Section 482, CrPC(13.09.2016)
Madras HC has reserved orders on issue of whether Section 482 of CrPc empowers it to direct police to register cases on complaints by petitioners and .....
Tags : Madras HC, Section 482, CrPC
Man HC: Can Challenge Bail Order under NIA Act, u/s 21(4) of the Act & Not u/s 439(2) or 482 of CrPC(02.07.2024)
Manipur High Court has held that an order granting or refusing bail to an accused for offence committed under the National Investigation Agency Act, 2.....
Tags : Manipur High Court, S. 482 of CrPC, S. 439(2) of CrPC
Kar. HC: To Set Aside Proceedings u/s 12 of Domestic Violence Act, Parties Must Approach High Court(02.07.2024)
Kar. HC has observed that setting aside entire proceeding initiated under Section 12 of the DV Act, 2005 is not the power that is vested in the Court .....
Tags : Karnataka High Court, S. 482 of CrPC, S. 12 of DV Act
Meg. HC: Inadequate Examination of Witness is a Valid Ground for Application to Recall Witness(03.07.2024)
Meghalaya High Court has observed that an accused’s application seeking to recall a witness under Section 311 of Code of Criminal Procedure, 1973 is v.....
Tags : Meghalaya High Court, Examination of Witness, S. 311 of CrPC
Supreme Court: Muslim Women Entitled to Maintenance Under Section 125 CrPC(10.07.2024)
Supreme Court has held that a Muslim woman can seek maintenance from her husband by filing a petition under Section 125 of the Code of Criminal Proced.....
Tags : Supreme Court, S. 125 CrPC, Maintenance
Allahabad High Court Makes History by Delivering Judgement in Three Languages(12.07.2024)
Allahabad High Court has created history by becoming the very first High Court to deliver its judgement in English, Hindi and Sanskrit in a matter rel.....
Tags : Allahabad High Court, S. 482 of CrPC, Three Languages
P&H HC: Section 482 CrPC Empowers High Court to Entertain Applications not Contemplated in CrPC(27.05.2022)
Punjab and Haryana High Court has observed that Section 482 of CrPC confers extraordinary powers on High Court and empowers it to entertain applicatio.....
Tags : Punjab and Haryana High Court, CrPC, Section 482
Allahabad HC: Application U/S 482 CrPC Not Maintainable Against Summoning Order under SC/ST Act(30.05.2022)
Allahabad High Court while taking into account Section 14A(1) of the S.C./S.T. Act has held that Application under Section 482 of CrPC can't be filed .....
Tags : Allahabad High Court, Section 482 CrPC, SC/ST Act
Accused Is Entitled to Default Bail Even if Charge Sheet Returned Due to Technical Reason: SC(25.09.2018)
Supreme Court has held that an accused is entitled to default bail under Section 167(2) of Code of Criminal Procedure even if the charge sheet filed b.....
Tags : Supreme Court, Bail, CrPC
P&H HC: 30 Days between Date of Effecting Proclamation & Date Nominated for Appearance is Mandatory(20.05.2022)
Punjab and Haryana High Court has held that a clear period of 30 days starting from the date when a proclamation under Section 82 of the Cr.P.C. is ac.....
Tags : Punjab & Haryana High Court, Section 82 CrPC, Mandatory
Non-Consideration of Defence of Accused U/s 313 CrPC can Vitiate Conviction: Supreme Court(01.11.2018)
Supreme Court has held that if there has been no consideration at all of defence taken by accused under Section 313 of the Code of Criminal Procedure,.....
Tags : Supreme Court, Section 313 CrPC
SC: Circumstances Not Put to Accused Under Section 313 CrPC Cannot be Used Against Him(29.09.2020)
Supreme Court has observed that the circumstances not put to an accused under Section 313 of the Code of Criminal Procedure, 1973 cannot be used again.....
Tags : Supreme Court, Circumstances under Section 313 CrPC
Kerala HC: Pardon Can be Tendered to Any Person Privy to The Offence(22.06.2022)
Kerala High Court has held that under Sections 306 and 307 of the Code of Criminal Procedure, a pardon can be granted to any person even if they have .....
Tags : Kerala High Court, Pardon, CrPC
SC: Can’t Dismiss Application on Ground That it Will Lead to Filling Loop Holes of Prosecution Case(09.08.2022)
Supreme Court has held that an application under Section 311 Code of Criminal Procedure (CrPC) cannot be dismissed merely on the ground that it will l.....
Tags : Supreme Court, CrPC, Loop-Holes, Prosecution Case
Bombay HC: S.125 CrPC Meant for Immediate Support, Courts Can’t Be Hyper Technical in Approach(21.07.2022)
Bombay High Court has held that courts should not get too technical while deciding petitions under Section 125 of the Code of Criminal Procedure. The .....
Tags : Bombay High Court, CrPC, Hyper-Technical
Kar. HC: Magistrate/Judge Should Recommend in Judgment Whether there is Need for Victim Compensation(26.09.2022)
Karnataka High Court has observed that while delivering final judgments, Magistrate and Sessions Judge must pass a reasoned order as to whether there .....
Tags : Karnataka High Court, Victim Compensation, CrPC
SC: Application Under Section 482 CrPC Cannot be Filed by Person Not connected to Trial(17.12.2020)
Supreme Court has observed that an application under Section 482 of the Code of Criminal Procedure, 1973 filed by a person who is in no way connected .....
Tags : Supreme Court, Application Under Section 482 CrPC
Accused’s Silence Leads to Adverse Inference Against Him: Supreme Court(27.11.2018)
Supreme Court has held that silence on part of accused as to questions put to him by the court under Section 313 of the Code of Criminal Procedure, in.....
Tags : Supreme Court, Accused's Silence, CrPC Section 313
Telangana HC: Customs Act Provides Mechanism for Dealing With Offences, S. 160 CrPC Not Applicable(26.07.2022)
Telangana High Court has held that the Customs Act provides its own mechanism to deal with the offences and therefore, the provisions of the Criminal .....
Tags : Telangana High Court, Customs, CrPC
Gujarat HC: Power of Further Investigation Available Upto Pre-Trial Stage & Not Beyond That(01.08.2022)
Gujarat High Court has held that the power of Court to direct further investigation under Section 173(8) of Code of Criminal Procedure is available on.....
Tags : Gujarat High Court, CrPC, Investigation
Delhi HC: Rejection of Maintenance in Divorce Proceeding Doesn’t Disentitle Right U/S 125 CrPC(01.08.2022)
Delhi High Court has held that the pendency of divorce petition and rejection of an application for maintenance in such petition, would not disentitle.....
Tags : Delhi High Court, Maintenance, Section 125 CrPC
SC: All Adverse Evidences Should Be Put As Questions While Examining Accused U/S 313 CrPC(05.08.2022)
Supreme Court has held that while examining an accused under Section 313 Code of Criminal Procedure (CrPC), all the adverse evidences has to put in th.....
Tags : Supreme Court, CrPC, Adverse Evidence
CRIMINAL - Person Accused U/S 319 CrPC can be Tried for Offence for which All Accused are Tried Together: SC(28.02.2019)
Supreme Court has observed that, though under Section 319 of Code of Criminal Procedure, a person can be added as accused not only for same offence fo.....
Tags : Supreme Court, Section 319 CrPC
Madras HC: Petition u/s 482 CrPC Not Maintainable to Quash Complaint u/s 12 DV Act(19.01.2021)
Madras High Court has held that a Petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) to quash a complaint under Section 12 of t.....
Tags : Madras High Court, Petition u/s 482 CrPC
SC: Discretionary & Extraordinary Power U/Sec 319 CrPC Should be Exercised Sparingly(02.11.2022)
Supreme Court has observed that power under Section 319 CrPC is a discretionary and extraordinary power which should be exercised sparingly and only i.....
Tags : Supreme Court, Discretionary, CrPC
HC Should Examine Whether Complaint is Civil Dispute Cloaked with Criminal Nature: SC(18.02.2019)
Supreme Court has reiterated that a high court, while exercising jurisdiction under 482 of the Code of Criminal Procedure, can examine whether a matte.....
Tags : Supreme Court, Section 482 CrPC
HC Should Examine Whether Complaint is Civil Dispute Cloaked with Criminal Nature: SC(18.02.2019)
Supreme Court has reiterated that a High Court, while exercising jurisdiction under 482 of the Code of Criminal Procedure, can examine whether a matte.....
Tags : Supreme Court, Section 482 CrPC
SC: Section 145/146 CrPC Proceedings Must End Once Civil Court is Seized of Matter(09.11.2022)
Supreme Court while observing that proceedings under Section 145/146 CrPC must come to an end once Civil Court is seized of the matter has held that t.....
Tags : Supreme Court, CrPC, Civil Court
Delhi HC: Magistrate Cannot Order SHO of Police Station Outside his Jurisdiction to Probe Crime(17.04.2017)
Delhi High Court has held that a magistrate under Section 156 (3) CrPC cannot direct Station House Officer (SHO) of a police station beyond its territ.....
Tags : Delhi High Court, Section 156 (3) CrPC
Kerala HC: Maintenance Must be Granted from Date of Filing of Petition(20.12.2022)
Kerala High Court has held that a petitioner under Section 125 CrPC must be granted maintenance from the date of filing of petition and not just date .....
Tags : Kerala High Court, Section 125 CrPC, Maintenance
All. HC: No Illegality in Taking Written Statement of Witness Under Section 161 CrPC(26.12.2022)
Allahabad High Court has held that if written statement has been submitted by the witness himself to the Investigating Officer and the IO assures its .....
Tags : Allahabad High Court, Written Statement, Section 161 CrPC
Sec-456 CrPC: Limitation of 30 Days Won't Apply if Trial Court Ordered Restoration Of Possession: SC(14.02.2019)
Supreme Court has observed that limitation of 30 days would not apply in preferring an application under Section 456 of Criminal Procedure Code seekin.....
Tags : Supreme Court, Sec-456 CrPC
Bombay HC Says 'No' to Dismissal of Appeals, Unless Matter Decided on Merits(28.04.2017)
Bombay High Court has held that an Appellate Court cannot dismiss an appeal exercising its jurisdiction under Section 386 of CrPC, unless the matter h.....
Tags : Bombay High Court, Section 386 of CrPC, Merits of case
Manager of Nationalized Bank Though a Public Servant Can't Claim Protection U/S 197 CrPC: SC(01.05.2019)
Supreme Court has observed that a public servant working in a nationalized bank cannot claim benefit of Sanction under Section 197 of the Criminal Pro.....
Tags : Supreme Court, Nationalized Bank, Section197 CrPC
Manager of Nationalized Bank Though a Public Servant Can't Claim Protection U/S 197 CrPC: SC(01.05.2019)
Supreme Court has observed that a public servant working in a nationalized bank cannot claim benefit of Sanction under Section 197 of the Criminal Pro.....
Tags : Supreme Court, Nationalized Bank, Section197 CrPC
Sanction Under Sec.197 CrPC Required Only if Offence Has Nexus With Duties of Public Servant : SC(05.04.2019)
Supreme Court has held that in order to attract rigor of section 197 Cr.P.C. the offence alleged against a Government Officer must have some nexus wit.....
Tags : Supreme Court, Section 197 CrPC
Sanction Under Sec.197 CrPC Required Only if Offence Has Nexus With Duties of Public Servant : SC(05.04.2019)
Supreme Court has held that in order to attract rigor of section 197 Cr.P.C. the offence alleged against a Government Officer must have some nexus wit.....
Tags : Supreme Court, Section 197 CrPC
Madhya Pradesh HC Observes ‘S. 91 CrPC Not An Alternate Remedy to Rights Under RTI’(21.03.2017)
Madhya Pradesh High Court has held that provision under Section 91 of Criminal Procedure Code (Cr.P.C) “is not a substitute” or “an alternate remedy” .....
Tags : Madhya Pradesh High Court, S. 91 CrPC, RTI
SC: Power U/S 319 CrPC Has to be Exercised Before Pronouncement of Sentence in Case of Conviction(06.12.2022)
Supreme Court Constitution Bench has held that power under Section 319 of CrPC is to be invoked and exercised before pronouncement of order of sentenc.....
Tags : Supreme Court, CrPC, Constitution Bench
SC: Accused's Plea on Applicability of S. 300 CrPC Has to be Considered at Discharge Stage(13.12.2022)
Supreme Court has held that the accused's plea on applicability of Section 300 CrPC has to be considered at the stage of discharge under Section 227 C.....
Tags : Supreme Court, Discharge Stage, Section 300 CrPC
SC: Section 313 CrPC Not Empty Formality(15.12.2022)
Supreme Court observed that while questioning an accused under Section 313 CrPC, he must be explained the circumstances appearing in the evidence agai.....
Tags : Supreme Court, Section 313 CrPC, Evidence
SC: Judge Must Give dequate Reasons While Giving Opinion Under Section 432(2) CrPC(16.01.2023)
Supreme Court has held that while giving opinion regarding grant of remission under Section 432(2) CrPC, the Presiding Judge needs to give reasons reg.....
Tags : Supreme Court, Remission, CrPC, Laxman Naskar v. Union of India
SC: NI Cases Can be Transferred to Other State by Invoking Section 406 CrPC(22.02.2023)
Supreme Court has held that notwithstanding non-obstante clause in Section 142(1) of Negotiable Instruments (NI) Act, power of Court to transfer crimi.....
Tags : Supreme Court, Negotiable Instruments, CrPC, Transfer
Meg. HC: Application U/S 12 DV Act Not a Complaint(06.03.2023)
Meghalaya High Court while observing that application under Section 12 of Domestic Violence Act is not a complaint, has held that procedure and procee.....
Tags : Meghalaya High Court, Domestic Violence, CrPC, Complaint
SC: Not Necessary to Review Order Accepting Closure Report Before Carrying Out Further Investigation(01.05.2023)
Supreme Court has held that prior to carrying out a further investigation under Section 173(8) of the CrPC, it is not necessary for the Magistrate to .....
Tags : Supreme Court, Final Report, CrPC
SC: HC Can’t Conduct Mini Trial Under Section 482 of CrPC(12.04.2023)
Supreme Court while observing that at the stage of quashing of criminal proceedings under Section 482 CrPC, Court is not required to conduct a mini tr.....
Tags : Supreme Court, Mini Trial, Quashing Proceedings, Section 482 CrPC
HP HC: Make Judicious Use of Provision for Additional Evidence U/S 391 CrPC(13.04.2023)
Himachal Pradesh High Court while observing that powers under Section 391 CrPC must be judiciously exercised, has held that allowing additional eviden.....
Tags : Himachal Pradesh High Court, Additional Evidence, CrPC, Judicious Use
P&H HC: Application Under Section 311 CrPC Can be Filed by Anyone(30.03.2023)
Punjab and Haryana High Court has observed that Section 311 CrPC can be invoked by anyone and not just prosecution or complainant, who is able to show.....
Tags : Punjab and Haryana High Court, CrPC, Evidence, Just Decision
Bombay HC: Protection u/s 41A CrPC Will Not Apply If Accused Destroys Incriminating Material(09.08.2021)
Bombay High Court has dismissed businessman Raj Kundra and his associate's pleas, stating that protection granted to a suspect under S. 41A of the Cod.....
Tags : Bombay High Court, Protection u/s 41A CrPC
SC: Protection U/S 197 CrPC Not Available to Nationalised Bank Employee(09.08.2023)
Supreme Court has held that although a person working in a Nationalised Bank is a public servant, yet the provisions of Section 197 CrPC wouldn’t be a.....
Tags : Supreme Court, Nationalised Bank Employee, Public Servant, Section 197 CrPC
SC: Criminal Antecedents Can’t be Sole Consideration to Decline Relief U/S 482 CrPC(11.08.2023)
Supreme Court has observed that the Court should not decline to relief under Section 482 CrPC on the ground that the accused is a history sheeter, if .....
Tags : Supreme Court, Criminal Antecedents, Section 482 CrPC
Allahabad HC: S. 482 CrPC Plea Maintainable To Annul Proceedings Which Are Ex Facie Bad(11.01.2022)
Allahabad High Court stated that an application under Section 482 of Criminal Procedure Code (CrPC) is maintainable to quash the proceedings, which ar.....
Tags : Allahabad High Court, Section 482 Crpc, Sanction to Prosecute
Karnataka High Court: Can't Appreciate Evidence While Hearing Quashing Petition(11.01.2022)
Karnataka High Court recapitulates that a Court hearing a petition for quashing of FIR/ charge sheet under Section 482 of Criminal Procedure Code (CrP.....
Tags : Karnataka High Court, Section 482 CrPC
All. High Court Explains ‘Prima Facie Satisfaction’ of Magistrate Before Summoning/Issuing Process(21.02.2024)
Allahabad High Court has observed that the Magistrate before summoning/issuing process against an accused has to hold an enquiry under Section 202 of .....
Tags : Allahabad High Court, Section 202 of CrPC, Prima Facie Satisfaction
SC: Delay in Filing Appeal Challenging Acquittal u/s 378 CrPC Can Be Condoned u/s 5 Limitation Act(22.02.2024)
Supreme Court has held that the delay occurring in filing an appeal against acquittal of accused under Section 378 of Code of Criminal Procedure, 1973.....
Tags : Supreme Court, Section 378 of CrPC, Section 5 of Limitation Act
HP HC: Object of S.311 CrPC is to is to Do Substantial Justice(21.12.2023)
Himachal Pradesh High Court while observing that object of Section 311 CrPC is to do substantial justice, has held that Court can exercise power under.....
Tags : Himachal Pradesh High Court, Justice, Section 311, CrPC
Del. HC: SFIO Not Barred from Investigating Offence Under IPC(26.12.2023)
Delhi High Court has held that a conjoint reading of Sections 4(1) & 154 of CrPC and Sections 212 & 219 of Companies Act, 2013, it cannot be said that.....
Tags : Delhi High Court, Serious Fraud Investigation Office, CrPC, Companies Act
SC: Defence Not Lost if Plea Not Taken Under Section 313 CrPC(05.01.2024)
Supreme Court while observing that statement recorded u/s 313 of CrPC cannot form the sole basis of conviction, has held that mere omission to take a .....
Tags : Supreme Court, Section 313 of CrPC, Conviction
Supreme Court: Second Petition Under Section 482 CrPC Valid Under Changed Facts and Circumstances(31.07.2019)
Supreme Court has ruled that second application for quashing of the complaint under Section 482 of Code of Criminal Procedure, 1973 cannot be rejected.....
Tags : Supreme Court, Section 482CrPC
SC: High Court in Appeal u/s 374(2) CrPC Has to Independently Evaluate Entirety of Evidence(12.11.2021)
Supreme Court has reiterated that a High Court in a criminal appeal under Section 374(2) of Code of Criminal Procedure, 1973 is duty bound to consider.....
Tags : Supreme Court, Appeal u/s 374(2) CrPC
Ch. HC: Appeal Against Acquittal Order u/s 138 of NI Act Lies to HC u/s 378(4) of CrPC(10.01.2024)
Chhattisgarh High Court has held that an appeal against orders of acquittal under Section 138 of the Negotiable Instruments Act, 1881 shall lie to the.....
Tags : Chhattisgarh High Court, Appeal, Acquittal, Negotiable Instruments Act, CrPC
SC: S. 197 CrPC not Applicable for Prosecuting Public Servant Alleged to Have Created Fake Documents(18.01.2024)
Supreme Court has held that prior sanction under section 197 of Code of Criminal Procedure for prosecuting a public servant is not required if the pub.....
Tags : Supreme Court, Fake Documents, S. 197 CrPC, Public Servant
Allahabad High Court: Power of Court u/s 482 CrPC Limited, Can’t Examine Contention of Accused(19.01.2024)
Allahabad High Court has held that while deciding an application under section 482 of Code of Criminal Procedure, the High Court cannot examine the co.....
Tags : Allahabad High Court, Contention of Accused, S. 482 CrPC
Raj. HC: Impermissible for Mag. & ASJ to Take Cognizance Against Same Accused for Diff. Offences(25.04.2024)
Raj HC has held that a conjoint reading of Section 193 and 209 of Code of Criminal Procedure, 1973 would make it clear that situation wherein part cog.....
Tags : Rajasthan High Court, Section 193 of CrPC, Section 209 of CrPC
Bom. HC: Imprisonment Exceeding Twelve Months Can’t Be Given For Default in Payment of Maintenance(28.02.2024)
Bom. HC has observed that the Magistrate under Section 125 of CrPC can only impose imprisonment upto twelve months on 1 application for default of pay.....
Tags : Bombay High Court, Section 125 of CrPC, Payment of Maintenance
MP HC: Power Exercised u/s 319 of CrPC Must Come Before Acquittal Order in Case of Joint Result(01.03.2024)
Madhya Pradesh High Court has observed that if an order has to be made in the exercise of powers under Section 319 of the Code of Criminal Procedure (.....
Tags : Madhya Pradesh High Court, Section 319 of CrPC, Joint Result
SC: Improper to Move HC Under Art. 226/227 for Release of Vehicle When Remedy Available u/s 451 CrPC(10.04.2024)
SC held that when Section 451 of Code of Criminal Procedure, 1973 empowers criminal court to pass order for custody and disposal of property pending i.....
Tags : Supreme Court, Section 451 CrPC, Article 226 COI, Article 227 COI
Bombay HC: Court Setting Aside Magistrate's Order for Police Investi. Won’t Lead to Quashing of FIR(15.04.2024)
Bombay High Court has held that if a revision court sets aside a Magistrate’s order to conduct a police investigation in a cognizable offence under Se.....
Tags : Bombay High Court, Section 156(3) of CrPC, First Information Report, Magistrate's Order
Raj HC: Cognizance Can be Taken by Sessions Court Against Accused Who Haven’t Yet Been Chargesheeted(19.04.2024)
Rajasthan High Court has held that the Court of Sessions is empowered to take cognizance against those accused persons under Section 193 Code of Crimi.....
Tags : Rajasthan High Court, S. 193 CrPC, Investigating Agency, Court of Sessions
Mad HC: In Absence of Prohibitory Order u/s 144 CrPC People Assembling and Demonstrating Not Offence(28.03.2024)
Madras High Court has held that in the absence of a prohibitory order under Section 144 of the Code of Criminal Procedure, 1973, assembling few person.....
Tags : Madras High Court, Prohibitory Order, Section 144 CrPC, Demonstration
All HC: Deduction of Payment for Loan, LIC from Salary Can’t be Sought by Husband to Determine Main.(02.04.2024)
Allahabad High Court has held that in order to determine maintenance under Section 125 of Code of Criminal Procedure, 1973 husband cannot seek a deduc.....
Tags : Allahabad High Court, Section 125 of CrPC, Deduction
SC: Sentence Can be Suspended U/S 389 CrPC Only if Convict Has Fair Chances of Acquittal(04.05.2023)
Supreme Court has held that in order to suspend sentence under Section 389 of CrPC only if Court can arrive at a prima facie satisfaction that the con.....
Tags : Supreme Court, CrPC, Sentence, Acquittal
Jharkhand HC: S. 202 CrPC is Mandatory Even if Government is the Complainant(08.05.2023)
Jharkhand High Court while observing that there is no exception to Section 202 CrPC even if government is complainant, has held that magistrate is req.....
Tags : Jharkhand High Court, CrPC, Mandatory, Territorial Jurisdiction
Kerala High Court: Court Granting Bail Can Cancel it, if Conditions are Violated(28.05.2024)
Kerala High Court has held that the legal position is settled that when a Court grants bail after imposing conditions, violation of any of the conditi.....
Tags : Kerala High Court, S. 439(2) of CrPC, Cancellation of Bail
SC: While Recording Statement Involving Large Number of Prosecution Witnesses, Utilize S.313(5) CrPC(16.05.2023)
Supreme Court has opined that while recording statement under Section 313 of CrPC in cases involving large number of prosecution witnesses, Judicial O.....
Tags : Supreme Court, Statement, CrPC, Prosecution Witnesses
Allahabad HC: Accused Must Apply for Bail in All Offences he is Wanted(23.05.2023)
Allahabad High Court has held that no person can be permitted to apply for bail in part, that too firstly getting bail u/s 437 CrPC and later on takin.....
Tags : Allahabad High Court, Bail, Offences, CrPC
SC: Can’t Set Aside Conviction if Statement of Accused Not Used for Evidence While Cross-Examination(24.05.2024)
SC has observed that the conviction of an accused cannot be set aside if the accused’s statement recorded under Section 313 of the Code of Criminal Pr.....
Tags : Supreme Court, Cross-Examination, S. 313 of CrPC
Cal. HC: Police Can’t Use Power U/S 160 CrPC to Call/Arrest Someone Unconnected With Alleged Offence(09.06.2023)
Calcutta High Court has observed that practice adopted by adopted by investigating agency during investigation to call someone not named in FIR or not.....
Tags : Calcutta High Court, CrPC, Investigating Agency, FIR
Mad. HC: Record Statements of Witnesses u/s 161 CrPC Using Electronic Means atleast in Serious Crime(28.09.2023)
Madras High Court has directed Principal Secretary, Home Department and the Director General of Police to record statements of witnesses under Section.....
Tags : Madras High Court, CrPC, Witnesses, Statement
All. HC: Can’t Challenge Orders u/s 482 CrPC if Appeal Lies Under Section 14A of the SC/ST Act, 1989(14.02.2024)
Allahabad High Court has held that in cases where an appeal against an order would lie under Section 14A of SC/ST (Prevention of Atrocities) Act, 1989.....
Tags : Allahabad High Court, S. 14 SC/ST Act, S. 482 CrPC
SC: Inclined to Hold That Accused in One Case Shouldn’t be Denied Anticipatory Bail in Another Case(07.05.2024)
SC has observed that it is prima facie of the view that Section 438 of the Code of Criminal Procedure, 1973 cannot be stultified and if a person is un.....
Tags : Supreme Court, Section 438 CrPC, Anticipatory Bail
SC: Can Use Witness Statement Recorded In Absence of Accused, if Conditions of S. 299 CrPC Fulfilled(09.05.2024)
Supreme Court has held that if the conditions given under Section 299 of the Code of Criminal Procedure, 1973 are fulfilled only then the statement of.....
Tags : Supreme Court, S. 299 CrPC, Witness Statement
Cal. HC: S.144 CrPC Can’t be Promulgated at the Drop of a Hat(25.08.2023)
Calcutta High Court while observing that duty of the Administration is to provide a level playing field to all political dispensations to hold rallies.....
Tags : Calcutta High Court, S.144 CrPC, Rallies
SC: Second Petition u/s 482 CrPC Not Maintainable on Grounds Which were Available at First Instance(31.10.2023)
Supreme Court has held that it is not open to a person aggrieved to raise one plea after the other, by invoking the jurisdiction of the High Court und.....
Tags : Supreme Court, Section 482 CrPC, Maintainable
JKL HC: Order u/s 12 DV Act can’t be Challenged u/s 482 CrPC Unless Remedy of Appeal is Availed(09.11.2023)
Jammu and Kashmir and Ladakh High Court has held that unless the remedy of statutory appeal is availed, orders passed under Section 12 of Protection o.....
Tags : Jammu and Kashmir and Ladakh High Court, DV Act, CrPC
Chhattisgarh HC: Attachment Order u/s 146 CrPC Can't Be Passed on Apprehension of Breach of Peace(25.04.2022)
Chhattisgarh High Court has observed that on mere apprehension of breach of peace, without explaining the circumstances, an attachment order under Sec.....
Tags : Chhattisgarh High Court, Attachment Order u/s 146 CrPC
All. HC: Without Magistrate’s Permission, Investigation into Non-Cognizable Offence Illegal(19.06.2024)
Allahabad High Court has held that investigation into a non-cognizable offence without a written order of the Magistrate is strictly contrary to the p.....
Tags : Allahabad High Court, Non-Cognizable Offence, S. 155(2) of CrPC
Ker. HC: Court Can Even Quash Criminal Proceedings u/s 376 of IPC by Invoking S. 482 of CrPC(25.06.2024)
Kerala High Court has observed that, in exceptional circumstances Court by exercising its inherent jurisdiction under Section 482 of Code of Criminal .....
Tags : Kerala High Court, S. 482 of CrPC, Inherent Jurisdiction, S. 376 of IPC
SC: HC Can Exercise Power U/S 482 CrPC Even When Chargesheet filed During Pendency of Plea(01.09.2023)
Supreme Court has observed that it is a well settled law that the High Court would continue to have the power to entertain and act upon a petition fil.....
Tags : Supreme Court, Chargesheet, Section 482 CrPC
SC: S.162 CrPC Doesn’t Prevent Judge from Looking into the Papers of Chargesheet Suo Moto(05.09.2023)
Supreme Court has held that nothing in Section 162 CrPC prevents a Trial Judge from looking into papers of chargesheet suo moto and himself using the .....
Tags : Supreme Court, Section 162 CrPC, Suo Moto, Charge sheet
SC: Power u/s 482 CrPC can be Exercised in Cheque Bounce Case if Amount Is Patently Non-Recoverable(08.09.2023)
Supreme Court has held that only in cases wherein an amount which is non-recoverable, towards which a cheque is issued, dishonoured and for recovery o.....
Tags : Supreme Court, Cheque Bounce, Section 482 CrPC
SC: Bail Application Filed Through Advocate Not to be Considered Appearance of Absconding Accused(18.03.2024)
Supreme Court has held that filing of an anticipatory bail through an advocate would not and could not be treated as an appearance before a court by a.....
Tags : Supreme Court, Section 82 of CrPC, Section 83 of CrPC, Bail Application, Absconding Accused
Strict Proof Of Marriage Not Needed For ‘Maintenance’ Proceedings: Supreme Court(25.10.2018)
Supreme Court has set aside a Karnataka High Court order that had dismissed a maintenance petition for want of proof of marriage and has reiterated th.....
Tags : Supreme Court, CrPC, Section- 125
Strict Proof of Marriage Not Needed for Maintenance Proceedings: Supreme Court(25.10.2018)
Supreme Court has set aside a Karnataka High Court order that had dismissed a maintenance petition for want of proof of marriage and has reiterated th.....
Tags : Supreme Court, CrPC, Section- 125
SC: Court Can’t Take Cogni. of Offence Committed by Public Servant Without Following S. 19 of PC Act(12.07.2024)
Supreme Court has held that courts cannot take cognizance against any public servant for offences committed u/s 7,11,13 & 15 of the PC Act, 1988 even .....
Tags : Supreme Court, Public Servant, S. 319 of CrPC
Kerala HC: Benefit u/s 427 CrPC Can be Claimed Before Court Dealing with Subsequent Offences(14.07.2020)
Kerala High Court has observed that the benefit under Section 427 of the Code of Criminal Procedure, 1973 (CrPC) can be claimed only before the Court .....
Tags : Kerala High Court, Benefit u/s 427 CrPC
Mad. HC: Prior Sanction u/s 197 CrPC Not Required to Prosecute Officers Below Rank of Inspector(26.07.2024)
Madras High Court has held that prior sanction under Section 197 of Code of Criminal Procedure, 1973 is not required to prosecute police officers fall.....
Tags : Madras High Court, S. 197 of CrPC, Inspector of Police