CrPC
CrPC S. 210 – FIR already registered – Private complaint – Magistrate issuing summoning order – It was incumbent upon the trial Court to stay the proceedings of the inquiry/trial and call for a report on the matter from the Police Officer conducting the investigation – Summoning order passed in derogation of the procedure as prescribed under Section 210 Cr.P.C. – Quashed. [PLRonline 418666]
(2023-2)210 PLR 697 PUNJAB AND HARYANA HIGH COURT Before: Justice Pankaj Jain. GURBACHAN SINGH and Others - Petitioners Versus STATE...
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CrPC S 451 – Supardari – Sale – Financer – Hypothecated vehicle – Permissible – Banks/ Financers application for permission to sell the tractor could not have been declined on the sole ground and that it was case property. [PLRonline #212801]
Permission to sell - To decline permission to sell on the sole ground, that the property is case property would...
Read morePrevention of Corruption Act, 1988 S. 7, 13(2) – CrPC S. 464 – Omission to frame a proper charge is not fatal unless it leads to a failure of justice – Charges must be framed meticulously by Trial Courts – For Section 7 to apply, the prosecution must prove a demand for ‘gratification’ beyond a reasonable doubt. [2023 CrLT 0054, 2023 PLRonline 0116]
Section 7 and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 & Criminal Procedure Code PC...
Read moreCrPC S. 391, 311 – NIA S. 138 – Leading additional defence evidence and re-calling the respondent/complainant for cross-examination. [2019 PLRonline 3507]
2019 PLRonline 3507 PUNJAB AND HARYANA HIGH COURT Before:- Arvind Singh Sangwan, J. CRM-M No. 36367 of 2016 (O&M) and...
Read moreIPC S. 399, 402 – Dacoity – Accused of planning and gathering for a robbery, granted bail due to the similarity in circumstances with co-accused – Found with a weapon and Rs. 30,000/- Involvement in two other cases – Taking into account previous detention time and equal treatment under the law with co-accused parties, bail granted. [2023 PLRonline 0113]
Surinder Singh @ Soni v. State of Punjab, 2023 PLRonline 0113 (P&H) PUNJAB AND HARYANA HIGH COURT Before: Pankaj Jain,...
Read more[SC] CrPC S. 482 – Quashing – Duties of court – In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines. [(2023-2)210 PLR 631 (SC)]
Mahmood Ali v. State of UP, (2023-2)210 PLR 631 (SC) When an accused invokes the inherent powers under section 482...
Read moreCrPC S. 82(1) – Clear 30 days – If a person is declared a proclaimed offender on account of their non-appearance before the court on a subsequent date, whereas for the said subsequent date, there was no proclamation under Section 82(1) of the CrPC ordered or effected, it is liable to be set aside. (2023-2)210 PLR 631
Section 82(1) of the Criminal Procedure Code (CrPC) provides the procedure for the appearance of an individual before the court...
Read moreCrPC S. 125 – Reasons for the petitioners not to be living along with the respondent cannot be adjudicated, in the proceedings u/s 125CrPC S. 125. [(2023-3)211 PLR 144]
(2023-3)211 PLR 144 (Kar.) = 2023 PLRonline 455681 HIGH COURT OF KARNATAKA (DHARWAD BENCH) Before: Justice C.M. Poonacha SMT. RENUKA...
Read moreCrPC S. 82, 83 – No proclamation u/s 82 – Attachment U/s 83 is illegal. [PLRonline ID 5415402]
Sri. Nithya Shambhavananda @ R. Narayanan v. State of Karnataka, 2021 PLRonline 5204 (Kar.) 2021 PLRonline 5204 (Kar.) HIGH COURT...
Read moreCrPC S. 82, 83 – Process under Sections 82 and 83 cannot be issued unless it is established that a warrant has already been issued against the person wanted and that person is absconding
Section 82 of the Code of Criminal Procedure (CrPC) empowers the court to issue a proclamation against a person when...
Read moreCrPC S. 82, 83 – Mere return of warrant of arrest without execution would not authorise the Magistrate to issue an order for proclamation and attachment. [PLRonline ID 213102]
Md. Nazrul Islam v. State Of Assam, 2008 PLRonline 0202 (Gau.) Full Judgment with detailed headnotes for Online Subscribers (Click to...
Read moreCrPC S. 156(3) – Evidence Act, S. 65B – CD placed without certificate before the trial court – Admissibility – Admissibility of the CD would come only during the trial and not before it is tendered into evidence (2023-2)210 PLRIJ 004
Sudhir v. State of Maharashtra, (2023-2)210 PLRIJ 004 (Bom.) The case involves a CD that was placed before the trial...
Read moreBail – Conditions – Condition of pre-deposit – Held to be bad. (2023-2)210 PLR 309 (SC)
Makhijani Pushpak Harish v. The State of Gujarat, (2023-2)210 PLR 309 (SC) SUPREME COURT OF INDIA Prsent : Justice Krishna...
Read more“Proclaimed Person” and “Proclaimed Offender” have distinct meanings. [PLRonline 216302]
LogIn to read Full Text 2011 PLRonline 0205 PUNJAB AND HARYANA HIGH COURT Rakesh Kumar Jain, J. Rahul Dutta v....
Read moreCrPC S. 125 – Husband a doctor – Is morally, ethically and statutorily duty bound to maintain his wife and daughter – Status of the wife and her financial status required to be looked into by the court. (2023-1)209 PLR 448
LogIn to read and download judgment (2023-1)209 PLR 448 PUNJAB AND HARYANA HIGH COURT Before: Jagmohan Bansal, J. AMIT MANCHANDA...
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