Criminal
[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. 482 – Quashing – Types of materials the High Court can assess to quash an FIR – Court drew a fine distinction between consideration of materials that were tendered as evidence and appreciation of such evidence – Only such material that manifestly fails to prove the accusation in the FIR can be considered for quashing an FIR. 2004 SupremeCourtOnline 0101 (SC)
State of Andhra Pradesh v. Goloconda Linga Swamy, (2004) 6 SCC 522. SUPREME COURT OF INDIA Before:- S.N. Variava and...
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 more[SC] IPC S. 302 – Stick as a weapon – Persistent quarrels – Conviction under S. 302 IPC needs to be altered into Part-I of Section 304 IPC,
2023 SCeJ 0238 = PLRonline 449602 SUPREME COURT OF INDIA Before:- B.R. Gavai and J.B. Pardiwala, JJ. Nirmala Devi -...
Read more[SC] CrPC S. 360 – Probation – accused engaged in an objectionable act by entering the chamber of the Commissioner in the Directorate while the Commissioner was performing his official duties as a public servant – Appellant also verbally abused the Commissioner using offensive language – Leniency can not be shown. [2023 SCeJ 0234 = (2023-2)210 PLR 582 (SC)]
(2023-2)210 PLR 582 (SC) SUPREME COURT OF INDIA Present: Justice Abhay S. Oka and Justice Sanjay Karol. RAZIA KHAN...
Read moreBail – Granted – Admissibility of Panchanama under Section 27 requires further examination during trial. 2023 PLRonline 0107 (Bom.)
Bail - Charge-sheet reveals that no DNA sample was collected from Class-I heirs of the deceased - The body parts were...
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 moreNIA S. 138 – Complaint filed against a partner without arraying the firm as an accused would not sustain.
Negotiable Instruments Act, 1881 S. 138 - Complaint filed against a partner without arraying the firm as an accused would...
Read more[SC] NIA S. 138 – The accused can rely on their evidence or materials submitted by the complainant to rebut the presumption – Proof of financial capacity – Contradictions in the complainant’s statements can lead to the case being quashed.
Section 139 of the Negotiable Instruments Act presumes that if the execution of a cheque is admitted, it was issued...
Read moreNIA S. 138 requires notice and application for delay condonation if a complaint is late. Failure caused erroneous acquittal, leading to a retrial.
Negotiable Instruments Act, 1881 S. 138 - Delay in filing complaint - if the original complaint is filed after the...
Read moreCrPC S. 82, 83 – Issuing a proclamation under Section 82 doesn’t amount to any attachment unless the Magistrate specifically issues an order of attachment. [210 PLRIJ 043]
The Criminal Procedure Code, 1974, outlines two separate orders under Sections 82 and 83. Section 82 requires the court to...
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 moreFIR – If the core features of an offence are not stated, would not be a first information report relating to commission of a cognizable offence, as contemplated under S. 154 and that would mean that no investigation can be initiated by the police upon such an information.
IPC, S. 383 - Not only putting a person under fear of any injury and dishonestly inducing the person so...
Read more
