CrPC
CrPC, S. 313(1)(b) – Any failure to consider the accused’s explanation of incriminating circumstances, in a given case, may vitiate the trial and/or endanger the conviction. (2023-1)209 PLR 430, 2023 SCeJ 0037
2023 SCeJ 0037, (2023-1)209 PLR 430, 2023 PLRonline 441654 SUPREME COURT OF INDIA Ravindra Bhat,J. Dipankar Datta, J. S. Premchand...
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CrPC S. 125 – Whether a Court, which passed an order of maintenance under S. 125 and 127 of the Code of Criminal Procedure, is competent to execute the order against a person, who has been residing in a place outside the jurisdiction of the Court, which passed the order?
(2023-1)209 PLRIJ 043 (Ker.) KERALA HIGH COURT Before: Mr. Justice A. Badharudeen, J ASWATHI – Appellant, Versus RAJEESH RAMAN –...
Read moreCrPC S. 379, 482 – Personal appearance – Appellate Court – Suspension of sentence – Could not insist, upon the repetitive personal appearances of the convict.
LogIn to download : PLRonline 470653 (2023-1)209 PLR 369 PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Sureshwar Thakur SOHAN...
Read moreNIA S. 138 – Dismissal of a complaint – When S. 378(4) CrPC explicitly provides for leave to appeal then the legal remedy is to take resort to file an application for leave to appeal before the High Court and not to bypass the same by taking resort to S. 372 .
PLRonline 482653 (LogIn to download) (2023-1)209 PLR 371 PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Anoop Chitkara O.K. FINANCE...
Read moreCrPC S. 482 – Revisable order – Does not bar or prohibit jurisdiction of High Court under S. 482 when there is apparent illegality – If the initial action is not in consonance with law, all subsequent & consequential proceedings would fall
2022 PLRonline 0496 Punjab and Haryana High Court Before Vinod S. Bhardwaj, J. ASLOOP KHAN v. STATE OF HARYANA AND...
Read moreCrPC S. 319 – Application by prosecution to summon additional accused – Petitioners had also been nominated as the accused in the said FIR though, they were found innocent – This finding is not at all to be construed to be conclusive qua their innocence – Right to fair investigation and trial is not meant to be confined to the accused person only and rather, it equally extends to the victim also.
2021 PLRonline 5202 Punjab and Haryana High Court Meenakshi Mehta J. PUNEET v. STATE OF HARYANA CRR No.2856 of 2018...
Read moreCrPC S. 125 – Unmarried Hindu daughter can claim maintenance from her father till she is married under S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself
Unmarried daughter, who attained majority, could not claim maintenance in the ordinary circumstance, merely on the ground that she does...
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CrPC S. 319 – Court has failed to record the degree of satisfaction which is required to summon an accused under section 319 – Degree of satisfaction is not one of prima facie case
hile deciding the application under section 319 Cr.P.C. the trial court has failed to appreciate the entire facts, evidence and...
Read moreIPC S. 188 – Where an “offence” is committed under S. 188 of the IPC, it would be mandatory on the part of the public servant concerned to file a complaint in writing before the jurisdictional Magistrate
Section 195 Cr.PC. opens up with the word “No Court” and thus, imposes an express bar for any Court to...
Read moreCrPC S. 439, S. 403 – Revision against illegal order of discharge – High Court has the power to interfere
CrPC , 1898), S.439, S.403 - Revision against illegal order of discharge – High Court has the power to interfere...
Read moreCrPC S. 253, S. 254, S. 258 – Warrant case – ‘discharge’ or ‘acquittal’ – Once a charge is framed, the Magistrate has no power to cancel the charge [SC]
CrPC S. 253, S. 254, S. 258 - Warrant case instituted on complaint - 'discharge' or 'acquittal' - Procedure...
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CrPC S. 227, 300(1) – Discharge u/s 227 is a stage prior to framing of the charge u/s 228 – At that stage alone court can consider application under S. 300. [SC]
CrPC S. 227, 300(1) – Discharge under Section 227 Cr.P.C. is a stage prior to framing of the charge under...
Read moreCrPC S. 482 – Quashing – Court summarised some categories of cases where inherent power can and should be exercised to quash the proceedings.
Court can exercise its powers to quash a criminal complaint, provided that the evidence adduced is clearly inconsistent with the...
Read moreCrPC S. 82 – Quashing – What evidence and material the High Court can get into in cases where a prayer for quashing a complaint
Court elaborated on what evidence and material the High Court can get into in cases where a prayer for quashing...
Read moreCrPC S. 482 – Quashing – Broad guidelines for quashing a criminal complaint.
Broad guidelines for quashing a criminal complaint as under:- “In the backdrop of the interpretation of the various relevant provisions...
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