Allahabad High Court Discusses Scope Of Powers While Hearing An Application For Discharge U/S 227 CrPC
2 years, 10 months ago

Allahabad High Court Discusses Scope Of Powers While Hearing An Application For Discharge U/S 227 CrPC

Live Law  

The Allahabad High Court, sitting in Lucknow, recently delved into the power of Courts at the time of framing of charges under Section 228 CrPC and to discharge an accused under Section 227 CrPC.Justice Sangeeta Chandra observed, "Framing of a charge is an exercise of jurisdiction by the trial court in terms of Section 228 of the Code, unless the accused is discharged under Section 227. The Allahabad High Court, sitting in Lucknow, recently delved into the power of Courts at the time of framing of charges under Section 228 CrPC and to discharge an accused under Section 227 CrPC. Justice Sangeeta Chandra observed, "Framing of a charge is an exercise of jurisdiction by the trial court in terms of Section 228 of the Code, unless the accused is discharged under Section 227 of the Code. Reference was also made to Dilawar Balu Kurane v. State of Maharashtra 2002 SCC 135, wherein, the Supreme Court had observed that while exercising power under Section 227 CrPC, the trial Court has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused is made out.

Trial Evidence Court Lucknow Charge Application Discharge Accused High Material Offence Crpc 228 Framing Section 227 Section 227 Crpc Section 228 Section 228 Of The Code  scope  discusses  powers  allahabad  offence  evidence  court  228  trial  crpc  application  charge  accused  discharge  material  hearing  high  framing

History of this topic

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court
Trending News
1 week, 3 days ago

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court

Live Law  

The Supreme Court held that a police official who is accused of lodging a false case cannot claim that he cannot be prosecuted without the sanction under Section 197 of the Code of Criminal Procedure. ".it follows that when a police official is said to have lodged a false case, he cannot claim that sanction for prosecution under Section 197 …

Supreme Court Deplores Practice Of Filing Applications U/S 216 CrPC For Alteration Of Charge After Refusal Of Discharge
3 months, 3 weeks ago

Supreme Court Deplores Practice Of Filing Applications U/S 216 CrPC For Alteration Of Charge After Refusal Of Discharge

Live Law  

In a recent judgment, the Supreme Court deplored the practice of accused persons filing applications under Section 216 of the Code of Criminal Procedure seeking alteration of charge after their applications seeking discharge The Bench of Justices Bela M Trivedi and Satish Chandra Sharma elaborated that this provision does not give any right to the accused to file a fresh …

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court
4 months ago

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently ruled that the inherent powers under Section 482 of the Cr.P.C. The petitioners had also cited the Supreme Court's ruling in Gian Singh v. State of Punjab,, to support their argument that the High Court could quash FIRs even in cases involving compoundable offences. Joshi v. State of Haryana,, to reinforce that the inherent …

Allahabad HC relief to SP MLA in 2021 criminal case
4 months, 2 weeks ago

Allahabad HC relief to SP MLA in 2021 criminal case

Hindustan Times  

The Allahabad high court has directed the trial court to grant interim bail to SP MLA from Kanpur Amitabh Bajpai if he files a bail application in a 2021 criminal intimidation case. The high court further directed the trial court to decide his discharge application in the case within two months and clarified that the interim bail will end after …

Petition U/S 483 CrPC Seeking Direction To Family Court For Expeditious Disposal Of S. 125 CrPC Plea Is Maintainable: Allahabad HC
6 months, 2 weeks ago

Petition U/S 483 CrPC Seeking Direction To Family Court For Expeditious Disposal Of S. 125 CrPC Plea Is Maintainable: Allahabad HC

Live Law  

The Allahabad High Court has held that an application filed under Section 483 CrPC seeking a direction to the Family Court to expedite the disposal of an application under Section 125 CrPC, would be maintainable. A bench of Justice Subhash Vidyarthi clarified that while deciding an application under Section 125 CrPC, the Family Court exercises the jurisdiction of a magistrate. …

Allahabad High Court Quashes Criminal Cases Against CFO, CEO & MD, And Senior Executive Vice President Of Larsen And Toubro Limited
7 months, 3 weeks ago

Allahabad High Court Quashes Criminal Cases Against CFO, CEO & MD, And Senior Executive Vice President Of Larsen And Toubro Limited

Live Law  

Recently, the Allahabad High Court has quashed criminal cases filed against the CFO, CEO & MD, and Senior Executive Vice President of Larsen and Toubro Limited. Relying on the decisions of the Supreme Court in Pepsi Foods Ltd. and another v. Special Judicial Magistrate and others, Vijay Dhanuka and others v. Najima Mamtaj and others, Abhijit Pawar v. Hemant Madhukar …

The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate
8 months, 2 weeks ago

The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate

Live Law  

Section 482 of the CrPC provides for a wide ambit of powers of the High Court to secure the ends of justice. Criminal Revision & When It Should Be Invoked Section 397 of CrPC allows the High Court and Sessions Judge to call and examine the records of criminal courts inferior to them within their territory. For instance, in a …

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court
9 months, 1 week ago

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court

Live Law  

The Allahabad High Court has held that the power conferred under Section 451 of CrPC should be exercised by the criminal courts with a judicious mind and without any unnecessary delay. Similarly, taking into account the mandate of Sectio 457 CrPC, the Court added the procedure as contemplated under this provision be also followed promptly, so that the concerned Magistrate …

Allahabad High Court Weekly Roundup: February 12 - February 18, 2024
10 months ago

Allahabad High Court Weekly Roundup: February 12 - February 18, 2024

Live Law  

NOMINAL INDEX Smt Usha Verma And Another vs. State Of U.P. And 2 Others 2024 LiveLaw 96 Visible Alpha Solutions India Private Limited vs. Commissioner, CGST Appeals, Noida And Another 2024 LiveLaw 97 2024 LiveLaw 98 ORDERS/JUDGMENTS OF THE WEEK Writ Petition Has To Be Drafted Carefully, Reliefs Sought Must Be Supported By Pleadings: Allahabad High Court Rejects Claim For …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
10 months, 1 week ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
11 months ago

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC

Live Law  

The Allahabad High Court recently explained the difference between the scope of Section 311 CrPC and Section 233 CrPC concerning the production of defence witnesses during the trial. “Under section 311 CrPC, the power lies in the courts only and under section 233 CrPC, the right lies with the accused and the court's interference is limited,” the Court emphasized. For …

S.205 CrPC | Provision For Exemption From Personal Appearance Meant To Avoid Undue Harassment Of Accused: Jharkhand High Court
1 year, 1 month ago

S.205 CrPC | Provision For Exemption From Personal Appearance Meant To Avoid Undue Harassment Of Accused: Jharkhand High Court

Live Law  

The Jharkhand High Court has noted that the intention behind the exemption from personal appearance of accused, as outlined in Section 205 of the Criminal Procedure Code, is to ensure that accused individuals are not subjected to unnecessary harassment and that the complainant does not suffer any undue prejudice. Justice Sanjay Kumar Dwivedi observed, “The purpose of exemption under Section …

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
1 year, 4 months ago

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses

Live Law  

The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P. and reiterated those guidelines as follows- The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses …

Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court
1 year, 4 months ago

Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court

Live Law  

The Supreme Court observed that the merits of the evidence has to be appreciated only during trial and not at the stage of Section 319 CrPC.In this case, an application under Section 319 CrPC was moved before the Trial Court and the same was allowed. The Supreme Court observed that the merits of the evidence has to be appreciated only …

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR
1 year, 6 months ago

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR

Live Law  

Last week, the Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back. The Court was essentially dealing with a criminal writ petition filed by Devendra Singh and 4 others seeking protection from the court after receiving a …

Allahabad High Court Weekly Round-Up: May 01 To May 07, 2023
1 year, 7 months ago

Allahabad High Court Weekly Round-Up: May 01 To May 07, 2023

Live Law  

NOMINAL INDEX Juvenile 'X' Thru. And 3 Others along with connected bail pleas 2023 LiveLaw 143 Udit Arya vs. State of U.P 2023 LiveLaw 144 ORDERS/JUDGMENTS OF THE WEEK Lucknow PUBG-Murder Case| Allahabad High Court Grants Bail To Juvenile Accused Of Killing Mother Case title - Juvenile 'X' Thru. Sunni Central Waqf Board vs. Bhagwan Sri Krishna Virajman And 10 …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 7 months ago

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC

Live Law  

“In the exercise of this wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The Supreme Court held that even when the …

S.306 CrPC No Bar On High Court To Invoke Its Powers U/S 482 And Admit An Approver On Bail: Jammu & Kashmir High Court
1 year, 8 months ago

S.306 CrPC No Bar On High Court To Invoke Its Powers U/S 482 And Admit An Approver On Bail: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently reiterated that in terms of Sec 306 CrPC bail to approver who is in custody cannot be granted, however, in an appropriate case High Court can release the approver on bail in exercise of its inherent powers under Section 482 CrPC. The observations were made by Justice Mohan Lal while hearing …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 8 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court
1 year, 9 months ago

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court

Live Law  

The Supreme Court reiterated the though exercise of jurisdiction under Section 319 of the Code of Criminal Procedure is discretionary, it ought to be done only where strong and cogent evidence occurs against a person from the evidence before the Court. filed by a complainant for summoning of the appellant as an additional accused, a Bench comprising Justice AS Oka …

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court
1 year, 11 months ago

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court

Live Law  

The Supreme Court has reiterated that Section 300 CrPC bars the trial of a person not only for the same offence but also for any other offence on the same facts.The court was hearing a Criminal Appeal that was filed assailing the judgment and order passed by the High Court of Kerala in Criminal Appeal Nos. The Supreme Court has …

Accused's Plea On Applicability Of Section 300 CrPC Has To Be Considered At Discharge Stage U/Section 227 CrPC : Supreme Court
2 years ago

Accused's Plea On Applicability Of Section 300 CrPC Has To Be Considered At Discharge Stage U/Section 227 CrPC : Supreme Court

Live Law  

The Supreme Court observed that the accused's plea on applicability of Section 300 CrPC has to be considered at the stage of discharge under Section 227 CrPC.In this case, the accused filed a discharge application under Section 227 r/w Section 300 Cr.P.C. The Supreme Court observed that the accused's plea on applicability of Section 300 CrPC has to be considered …

Allahabad High Court Weekly Round-Up: December 5 To December 11, 2022
2 years ago

Allahabad High Court Weekly Round-Up: December 5 To December 11, 2022

Live Law  

Bar Association Amethi, Thru. Even If Consent Is Presumed Willingness Was Absent As Per Minor's Medical Examination: Allahabad HC Denies Bail To Rape Accused Case title - Pushpendra Chauhan vs. State of UP Case Citation: 2022 LiveLaw 519 Taking into account the definition of 'rape' as per Section 375 of IPC, the Allahabad High Court recently observed that the offence …

Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court
2 years, 1 month ago

Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court

Live Law  

The Supreme Court reiterated that the power of a court under Section 319 CrPC is a discretionary and extraordinary power which should be excercised sparingly.The crucial test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, …

Allahabad High Court Quarterly Digest: July To September 2022 [Citations 307 - 454]
2 years, 2 months ago

Allahabad High Court Quarterly Digest: July To September 2022 [Citations 307 - 454]

Live Law  

NOMINAL INDEX Anwar Ali v. State Of UP And Another 2022 LiveLaw 307 Zamanat Abbas v. Union Of India Thru. v. Baij Nath And Others Case Citation: 2022 LiveLaw 316 The Allahabad High Court recently observed that the Court shall take utmost precaution in finding the accused guilty only on the basis of circumstantial evidence. Anticipatory Bail Plea Maintainable If …

Allahabad High Court Weekly Round Up: September 26 To October 2, 2022
2 years, 2 months ago

Allahabad High Court Weekly Round Up: September 26 To October 2, 2022

Live Law  

NOMINAL INDEX State of U.P. 2022 LiveLaw 454 Orders/Judgments of the Week Allahabad High Court Sentences Mukhtar Ansari To 5-Year Jail Under Gangsters Act In A 23-Year-Old Case Case title - State of U.P. 351 Of CSR If Govt Servant Is Found Guilty Of Grave Misconduct After Retirement: Allahabad HC Case title - Gaya Prasad Yadav v. State Of U.P.Thru.Prin.Secy.Home …

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court
2 years, 3 months ago

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court

Live Law  

The Madhya Pradesh High Court recently reiterated that an accused appearing before the trial court, pursuant to a notice served upon them by the police for filing of charge-sheet, is deemed to be under the custody of the court. The bench comprising of Justice Vishal Dhagat further held that the application under Section 439 CrPC moved by the accused in …

UP Govt Takes A Slew Of Decisions To Reform, Improve Investigation System, Assures Allahabad HC Of Implementing Them In 2 Months
2 years, 3 months ago

UP Govt Takes A Slew Of Decisions To Reform, Improve Investigation System, Assures Allahabad HC Of Implementing Them In 2 Months

Live Law  

The Uttar Pradesh Government has informed the Allahabad High Court that it has taken some significant decisions to improve and reform the police investigation system. The decision was taken in a meeting convened on August 26, 2022, under the Chairmanship of Additional Chief Secretary, Government of Uttar Pradesh.The government has also assured the High Court that the decision taken by. …

Allahabad High Court Monthly Digest: August 2022 [Citations 349 - 406]
2 years, 3 months ago

Allahabad High Court Monthly Digest: August 2022 [Citations 349 - 406]

Live Law  

NOMINAL INDEX Kusum Lata Yadav v. State Of U.P. Section 106 Evidence Act Doesn't Absolve Prosecution Of Discharging Duty To Prove Case Beyond Reasonable Doubt: Allahabad HC Case title - Raj Kishore @ Pappu v. State of U.P Citation: 2022 LiveLaw 366 The Allahabad High Court has observed that in absence of cogent evidence that the Murder accused was in …

Allahabad High Court Weekly Round Up: August 15 To August 21, 2022
2 years, 3 months ago

Allahabad High Court Weekly Round Up: August 15 To August 21, 2022

Live Law  

NOMINAL INDEX Triyugi Nath Tiwari v. State Of U.P. And 2 Others 2022 LiveLaw 384 JUDGMENTS/ORDERS OF THE WEEK Section 372 CrPC Proviso Providing Substantive Right Of Appeal To 'Victim' Isn't Retrospective In Nature: Allahabad High Court Case title - Triyugi Nath Tiwari v. State Of U.P. Candidates Can't Claim As A Matter Of Right That Recruitment On Any Govt …

Section 372 CrPC Proviso Providing Substantive Right Of Appeal To 'Victim' Isn't Retrospective In Nature: Allahabad High Court
2 years, 4 months ago

Section 372 CrPC Proviso Providing Substantive Right Of Appeal To 'Victim' Isn't Retrospective In Nature: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the amendments made in Section 372 CrPC by adding a proviso in the year 2009, creating a substantive right of appeal for the 'victim' is not retrospective in nature.Meaning thereby, a 'victim' has no right to prefer an appeal against an order passed before December 31, 2009, acquitting the accused/punishing. The Allahabad High …

Allahabad High Court Weekly Round Up: August 8 To August 14, 2022
2 years, 4 months ago

Allahabad High Court Weekly Round Up: August 8 To August 14, 2022

Live Law  

NOMINAL INDEX Fayanath Yadav S/O Late Devdutt Yadav v. State Of U.P. Case Citation: 2022 LiveLaw 363 In a judgment delivered last week, the Allahabad High Court modified the conviction of a murder accused from Section 302 IPC to Section 304 Part 1 IPC as it noted that the culpable homicide was committed without premeditation on being called a Kafir, …

Cases Of Civil Nature Can Be 'Quashed' In Interest Of Justice: Gujarat High Court Reiterates Distinction B/w Sections 320 & 482 CrPC
2 years, 4 months ago

Cases Of Civil Nature Can Be 'Quashed' In Interest Of Justice: Gujarat High Court Reiterates Distinction B/w Sections 320 & 482 CrPC

Live Law  

While allowing a revision application under Section 397 of CrPC seeking quashing of a judgement convicting the Petitioner under Section 138 of Negotiable Instruments Act, the Gujarat High Court reiterated the distinction between Sections 482 and Sec 320 of the Code. It reiterated: "In compounding of offences, power of a criminal court is circumscribed by the provisions contained in Section …

S.226 - 228 CrPC Meant To Ensure Expeditious Disposal Of Criminal Case, Parties Must Not Indulge In Dilatory Tactics: Gujarat High Court
2 years, 4 months ago

S.226 - 228 CrPC Meant To Ensure Expeditious Disposal Of Criminal Case, Parties Must Not Indulge In Dilatory Tactics: Gujarat High Court

Live Law  

The Gujarat High Court has recently dismissed a revision petition seeking reconsideration of application filed by Petitioner-Accused under Section 227 CrPC for discharge from a murder and assault case. The Bench comprising Justice Samir Dave noted that the charge and framing of charge have been deferred time and again due to several applications moved by the petitioner along with co-accused …

Powers U/S 482 CrPC To Be Exercised Sparingly, Particularly When Section 302 Is Involved: Gujarat High Court
2 years, 4 months ago

Powers U/S 482 CrPC To Be Exercised Sparingly, Particularly When Section 302 Is Involved: Gujarat High Court

Live Law  

Justice Niral R Mehta of the Gujarat High Court has declined to exercise its extraordinary jurisdiction under Section 482 of CrPC to quash the FIR particularly, when the offence of Sec 302 was involved. Ltd. vs. State of Maharashtra and other 'celebrated judgements' of the Supreme Court to conclude that the power of quashing FIR should be exercised sparingly, with …

Section 226 CrPC - Public Prosecutor Owes A Duty To Give A Fair idea Regarding Prosecution Case To Trial Court: Supreme Court
2 years, 4 months ago

Section 226 CrPC - Public Prosecutor Owes A Duty To Give A Fair idea Regarding Prosecution Case To Trial Court: Supreme Court

Live Law  

The Supreme Court observed that before a Trial Court proceeds to frame the charge against the accused, the Public Prosecutor owes a duty to give a fair idea to the Court as regards the case of the prosecution.Section 226 CrPC permits the prosecution to make the first impression regards a case, one which might be difficult to dispel, the bench …

Only Investigating Agency Can Move Application For Further Investigation U/S 173(8) CrPC: Allahabad High Court
2 years, 5 months ago

Only Investigating Agency Can Move Application For Further Investigation U/S 173(8) CrPC: Allahabad High Court

Live Law  

The Allahabad High Court has the right of further investigation under Section 173 CrPC is given to investigating agency and only they can move an application before the magistrate for further investigation. The case before the Allahabad High Court One Ashok Kumar Jain filed an FIR against fifteen named accused persons including the petitioner and her husband under Sections 420, …

Allahabad High Court Dismisses Plea Seeking Direction To UOI To Act Against People Allegedly 'Spreading' Crime In Kashmir
2 years, 5 months ago

Allahabad High Court Dismisses Plea Seeking Direction To UOI To Act Against People Allegedly 'Spreading' Crime In Kashmir

Live Law  

The Allahabad High Court recently dismissed a plea seeking a direction to the Union Of India to take appropriate action against people who are allegedly involved in cow slaughtering, change of religion, spreading of crime in Kashmir, and are also snatching money from the simple law-abiding citizens.Essentially, the bench of Justice Rajan Roy and Justice Brij Raj Singh was dealing …

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court
2 years, 6 months ago

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court

Live Law  

The Meghalaya High Court has set aside the conviction and the ensuing punishment of a murder accused due to failure of the Trial Court to discharge its duties properly as provided under Section 313 of the Code of Criminal Procedure, 1973. While passing an order for re-trial from the stage of Section 313, a Division Bench of Chief Justice Sanjib …

Delay In Conclusion Of Proceedings Can't Be A Reason To Reject An Application U/S 311 CrPC: Allahabad High Court
2 years, 6 months ago

Delay In Conclusion Of Proceedings Can't Be A Reason To Reject An Application U/S 311 CrPC: Allahabad High Court

Live Law  

The Allahabad High Court has recently observed that a delay in the conclusion of the proceedings/trial should not be the reason for the rejection of an application under Section 311 Cr.P.C.The bench of Justice Shekhar Kumar Yadav observed thus as it quashed an order of the Trial Court wherein an application moved under Section 311 CrPC was rejected noting that …

S.216 CrPC | Charge Can Be Altered Anytime During Trial: Karnataka High Court
2 years, 6 months ago

S.216 CrPC | Charge Can Be Altered Anytime During Trial: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 216 of the Criminal procedure Code the trial court can alter the charge framed even if the trial has progressed to a large extent. A single judge bench of Justice M Nagaprasanna made the observation while dismissing a petition filed by the one accused Ananda seeking to quash the order of …

Allahabad HC Grants Bail To Rape Accused As Victim Resiled From Her Statement, Orders Refund Of Compensation Paid To Her
2 years, 6 months ago

Allahabad HC Grants Bail To Rape Accused As Victim Resiled From Her Statement, Orders Refund Of Compensation Paid To Her

Live Law  

The Allahabad High Court recently granted bail to a rape accused in view of the fact that the victim had not supported the prosecution's case during the trial and that she had been declared hostile.The Bench of Justice Sanjay Kumar Singh also issued direction to the trial court to take steps for a refund of the compensation paid to her …

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court
2 years, 7 months ago

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court

Live Law  

The Supreme Court observed that when a clear case is made out for the offences alleged, the criminal proceedings cannot be quashed merely on the ground that "no useful purpose will be served by prolonging the proceedings of the case".The bench comprising Justices MR Shah and BV Nagarathna reiterated that a High Court must pass a speaking and reasoned order …

S.313 CrPC | Trial Court Should Avoid Posing Long & Arduous Queries To Accused: Gauhati High Court
2 years, 8 months ago

S.313 CrPC | Trial Court Should Avoid Posing Long & Arduous Queries To Accused: Gauhati High Court

Live Law  

The Gauhati High Court observed that under Section 313 CrPC, the trial court should avoid posing long and arduous queries to the accused and instead bring to his notice, in a concise form, only the incriminating evidence available on record against him. A Division Bench of Justices Suman Shyam and Malasari Nandi remarked that section 313 CrPC is to afford …

High Court Can Exercise Jurisdiction U/S 482 CrPC & Direct That Sentence Imposed By Trial Court Shall Run Concurrently: Madras HC
2 years, 8 months ago

High Court Can Exercise Jurisdiction U/S 482 CrPC & Direct That Sentence Imposed By Trial Court Shall Run Concurrently: Madras HC

Live Law  

The Madras High Court recently held that the scope of Section 427 CrPC is that, in respect of conviction to undergo the sentence of imprisonment passed on subsequent cases for the offence of same nature, the sentence shall run concurrently. The court also made it clear that it can exercise of its jurisdiction under Section 482 of CrPC and issue …

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court
2 years, 9 months ago

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court

Live Law  

The Supreme Court reiterated that the power under Section 319 of the Code of Criminal Procedure is a discretionary and extraordinary power which should be exercised sparingly. "The crucial test to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the …

Magistrate Has Duty To Ensure Fair Probe After Passing Order U/S 156 (3) CrPC: Allahabad High Court
2 years, 9 months ago

Magistrate Has Duty To Ensure Fair Probe After Passing Order U/S 156 (3) CrPC: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the Magistrate cannot wash his hands of the case after passing an order under Section 156 Cr.P.C and that it is the duty of the Magistrate to ensure that investigation is done impartially and in a fair manner.The Bench of Justice Umesh Kumar observed thus while referring to the Supreme Court's ruling in …

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC
2 years, 9 months ago

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC

Live Law  

The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under Section 378 of the Code Of Criminal Procedure could be granted by the High Court only where the view taken by acquitting judge is clearly unreasonable.The Bench of Justice Mohd. The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under …

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC
2 years, 10 months ago

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC

Live Law  

The Allahabad High Court has clarified that as per Section 202 CrPC, if an accused resides beyond the jurisdictional area of a Magistrate then it is mandatory for such a Magistrate to either inquire into the case himself or direct an investigation to be made, before issuance of process under Section 204 CrPC.The Bench of Justice Manju Rani Chauhan further …

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