Search Results for "Magistrate's power"

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Supreme Court

"Supreme Court Ruling: Second Complaint Dismissed as Non-Maintainable" "The Supreme Court reinforces limitations on filing repeated complaints on identical facts after judicial acceptance of a final report."

5 Nov 2024

Acts and Sections Discussed Code of Criminal Procedure (Cr.P.C.), 1973 Section 173: Final Report after police investigation. Section 156(3): ...

High Court

Criminal Writ Petition Dismissed by Bombay High Court, Goa Bench. Premature petition challenging investigation order under Section 202 of Cr.P.C. dismissed for lack of cause of action.

18 Sep 2024

The Bombay High Court at Goa dismissed the criminal writ petition filed by Advocate Ashwini Agni, challenging the Magistrate's order directing an inve...

Supreme Court

Supreme Court Allows Appeal Against High Court's Quashing of Summoning Order in Abetment of Suicide Case. Magistrate's Power to Issue Summons After Closure Report Upheld, with Emphasis on Application of Mind Under Sections 202 and 204 CrPC, 1973.

22 Feb 2024

The appeal arose from a High Court order quashing a Magistrate's summoning order in a case alleging abetment of suicide under Section 306 IPC. The app...

Supreme Court

Supreme Court Allows Victim's Appeal for Further Investigation in Criminal Case Involving Influential Minister. The court directed further investigation under Section 173(8) CrPC due to admitted lapses by the State, holding that commencement of trial and framing of charges are not absolute impediments to ensuring fair investigation.

24 Feb 2023

The appeal arose from a High Court judgment dismissing a writ petition filed by the victim seeking transfer of investigation to the Central Bureau of ...

Supreme Court

Supreme Court Quashes Summons Against Accused Not Named in Police Report Under Section 190(1)(b) CrPC. Magistrate Cannot Summon Persons Not Named in Police Report or Column (2) of Report, Proper Course is Under Section 319 CrPC After Evidence Collection.

16 Mar 2022

The Supreme Court addressed an appeal concerning the power of a Magistrate to summon an individual not named in a police report under Section 190(1)(b...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused Based on Supplementary Investigation Report. Magistrate Must Consider Both Initial Report Under Section 173(2) and Supplementary Report Under Section 173(8) of Code of Criminal Procedure, 1973 Conjointly to Determine Prima Facie Case, Following Precedent in Vinay Tyagi v. Irshad Ali.

18 Feb 2022

The appeal arose from a judgment of the High Court of Kerala dated 3 March 2021. On 3 February 2016, an FIR was registered against the appellants for ...

Supreme Court

Supreme Court Upholds High Court's Direction to Release Seized Vehicles in Forest Offence Cases. Magistrate's Power Under Section 451 CrPC Not Ousted by Initiation of Confiscation Proceedings Under Section 52(3) of Indian Forest Act, 1927.

26 Mar 2019

The Supreme Court considered appeals by the State of Madhya Pradesh against High Court orders directing the release of vehicles seized for illegal san...

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