Search Results for "Cognizable offences"

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Supreme Court

Supreme Court Reinstates Criminal Proceedings Quashed by High Court Under Section 482 CrPC Due to Erroneous Exercise of Inherent Powers. High Court's Quashing Order Set Aside as It Entered into Merits and Stifled Legitimate Prosecution Despite Prima Facie Case and Chargesheet in Offences Under Sections 147, 148, 149, 406, 329, 386 IPC.

13 Aug 2021

The appeal arose from the High Court's order quashing criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973. The appellant, t...

Supreme Court

Supreme Court Upholds High Court's Stay Order in Criminal Proceedings Against Bank Officials - Interim Protection Maintained Pending Quash Petitions. High Court's reasoned interim stay of criminal proceedings including arrest was justified given overlapping civil writ petitions and election disputes in a multi-state cooperative bank.

20 Jul 2021

The Supreme Court considered special leave petitions challenging an order of the High Court of Telangana that granted stay of all further proceedings,...

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 Orders CBI Investigation in Murder Case Due to Sham Police Investigation. Court finds investigation perfunctory and designed to conceal, directs CBI to investigate role of respondent no.5 and others under Sections 302, 120B IPC.

14 Dec 2020

The case arises from the murder of Ram Bihari Chaubey, father of the petitioner Amar Nath Chaubey, who was shot dead at his residence in Varanasi on 4...

Supreme Court

Supreme Court Cancels Anticipatory Bail in Dowry Death Case, Transfers Investigation to CBI. The Court held that the High Court's grant of bail was perverse and that the circumstances warranted an independent investigation by the CBI under Section 173(8) CrPC.

27 Nov 2020

The case arises from the unnatural death of Dr. Deepti Mangla, who was married to Sumit Agarwal on 3 November 2014. On 7 August 2020, the appellant, D...

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...

Supreme Court

Supreme Court Grants Interim Protection to Journalist in Multiple FIR Case Based on News Broadcasts. Court Transfers One FIR for Investigation, Stays Other Proceedings, and Emphasizes Balance Between Freedom of Speech and Criminal Process Under Article 19(1)(a) and Article 32 of the Constitution.

19 May 2020

The dispute arose from two news broadcasts by the petitioner, a journalist and editor-in-chief of Republic TV and R Bharat, on 16 April 2020 and 21 Ap...

Supreme Court

Supreme Court Quashes Cognizance Order Against Police Officer in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 170 Karnataka Police Act. The Court held that cognizance without sanction is void ab initio and the High Court should have quashed proceedings instead of remanding for discharge.

27 Mar 2020

The Supreme Court considered an appeal against the Karnataka High Court's order that declined to quash a Magistrate's order taking cognizance of a pri...

Supreme Court

Supreme Court Upholds Conviction for Murder and Abduction in Saravana Bhavan Case — Motive of Accused No.1 to Eliminate Husband for Marriage with PW1 Proved Beyond Reasonable Doubt. Circumstantial evidence including last seen and recovery of dead body based on confession established guilt under Sections 302, 364, 201 IPC.

29 Mar 2019

The case involves the abduction and murder of Santhakumar, husband of PW1 (Jeevajothi), by Accused No.1 (proprietor of Saravana Bhavan hotels) and his...

Supreme Court

Supreme Court Allows Appeal Against High Court's Partial Quashing of FIR - Investigation Must Proceed for All Offences Including Sections 392, 395, 397 IPC

15 Mar 2019

The appeal arose from a judgment of the Gujarat High Court which partly quashed an FIR registered as ICR No. 67 of 2017 at Gaekwad Haveli Police Stati...

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