CrPC
Cr.P.C Section 167 (2) – Imposition of conditions – An accused must be held to be availed of his right flowing from the legislative mandate and engrafted in the proviso to sub-section (2) of Section 167 of the Code, if he has filed an application after the expiry of the stipulated period alleging that no challan has been filed and he is prepared to offer the bail that is ordered and it is found as a fact that no challan within the period prescribed from the date of the arrest of the accused. [PLRonline 219400]
Uday Mohanlal Acharya v. State of Maharashtra , 2001 SupremeCourtOnline 0008 SUPREME COURT OF INDIA Before:- G.B. Pattanaik, U.C. Banerjee...
Read moreIPC S. 302 – 302 – Murder Case – Police officer – Sole witness – Role of a police officer as a witness is nuanced and dependent on various factors, including the specifics of each case and the overall trustworthiness of the testimony – Hostile witness – Not always necessary that wherever the witness turned hostile, the prosecution case must fail – Acquittal – CrPC S. 378 -Perversity. [PLRonline 423501]
2012 SupremeCourtOnline 0112 SUPREME COURT OF INDIA Before:- A.K. Patnaik and Swatanter Kumar, JJ. Govindaraju @ Govinda v....
Read moreCrPC, 1898, S. 417 and 423 – Appeal against acquittal – Power of High Court’s to interfere is wide enough – An appellate court has full power to review the evidence upon which the order of acquittal is founded – Constitution of India, 136 – Special Leave Appeal – Confers a wide discretionary power on this Court to entertain appeals in suitable cases not otherwise provided for by the Constitution – The reserve power that it cannot be exhaustively defined. [PLRonline 812300]
1960 SupremeCourtOnline 001 SUPREME COURT OF INDIA Before:- S.J. Imam, K. Subba Rao and Raghubar Dayal, JJ. Sanwat...
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CrPC S. 378 – Scope Of Interference By The Appellate Court In An Order Of Acquittal. [PLRonline]
CrPC S. 378 - Scope Of Interference By The Appellate Court In An Order Of Acquittal The scope of interference...
Read moreBail – Cancellation – Revocation of Bail – Impact of supervening circumstances developing post the grant of bail, such as interference in the administration of justice, abuse of concession of bail, etc., which are aversive to a fair trial would warrant cancellation of bail. [PLRonline # 5418402]
2021 Supreme Court Online 5207 SUPREME COURT OF INDIA Before:- N.V. Ramana, CJI, Justice Surya Kant and...
Read moreBail – Cancellation – “cogent and overwhelming circumstances for cancellation of bail”. [PLRonline #118700]
1994 SupremeCourtOnline 0007 SUPREME COURT OF INDIA Before :-Justice A.S. Anand and Justice M.K. Mukherjee, JJ. Dolat Ram...
Read moreCrPC 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. [PLRonline ID # 455681]
(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...
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