Courts To Pass Speaking Orders While Rejecting Discharge Application U/S 239 CrPC: Kerala High Court
1 year, 2 months ago

Courts To Pass Speaking Orders While Rejecting Discharge Application U/S 239 CrPC: Kerala High Court

Live Law  

The Kerala High Court on Monday laid down that a speaking order would have to be passed by the Court which considers and rejects an application for discharge under Section 239 of Cr.P.C. Justice N. Nagaresh, relied upon the Apex Court decision in Ghulam Hassan Beigh v. Mohammad Maqbool Magrey, wherein the Court had observed that all that is required at the time of framing of charge is. She relied upon the Apex Court decision in Ghulam Hassan Beigh, wherein the Court had laid down that it could not act as a mere 'postman' while considering an application for discharge. Taking note of the Ghulam Hassan Beigh, the Court thus set aside the impugned order, and directed the CJM to reconsider the petitioner's application, and pass a speaking order thereon, within a month.

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History of this topic

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
16 hours, 46 minutes ago

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court

Live Law  

The Kerala High Court held that even if a final report is filed by the investigation agency a defacto complainant is entitled to get a copy of her own statement recorded under Section 164 of Cr.P.C. The Court observed that therefore, the defacto complainant has a right to get a copy of the Section 164 CrPC statement. and all the …

Judge Not Mouthpiece Of Prosecution But Also Cannot Make Roving Enquiry While Considering Discharge Application Of Accused: Kerala HC
5 months, 2 weeks ago

Judge Not Mouthpiece Of Prosecution But Also Cannot Make Roving Enquiry While Considering Discharge Application Of Accused: Kerala HC

Live Law  

The Kerala High Court has held that a judge should not act like a post office or a mouth piece of prosecution but it should also not make a roving enquiry and weigh the evidence akin to conducting a trial against the accused while considering a discharge application under Section 227 and 239 of CrPC. The Court laid down the …

Court's Must State Reasons In Order Of Discharge; Cryptic & Non-Speaking Orders Are Not Sustainable: Kerala High Court
8 months, 2 weeks ago

Court's Must State Reasons In Order Of Discharge; Cryptic & Non-Speaking Orders Are Not Sustainable: Kerala High Court

Live Law  

The Kerala High Court held that the order of dismissal of discharge should be a reasoned order and not cryptic. While passing an order of discharge by allowing the same or dismissing the same the Courts must have to state reasons for passing such orders and an order without recording reasons in the form of cryptic and non-speaking stature would …

[S.323 CrPC] Magistrate Should Record Reasons For Committing Case To Sessions Court: Kerala High Court
1 year, 2 months ago

[S.323 CrPC] Magistrate Should Record Reasons For Committing Case To Sessions Court: Kerala High Court

Live Law  

The Kerala High Court has held that power under Section 323 CrPC to commit a case to the Sessions Court after commencement of inquiry/ trial may be invoked by the Magistrate only after recording its reasons by way of a speaking order. In other words, the Magistrate is required to give reason for thinking that the case ought to be …

S.227 CrPC | Notarised Affidavit By Complainant Not Sufficient To Discharge Accused: Kerala High Court
1 year, 3 months ago

S.227 CrPC | Notarised Affidavit By Complainant Not Sufficient To Discharge Accused: Kerala High Court

Live Law  

The Kerala High Court recently held that a notarised affidavit signed by the de facto complainants exonerating the accused person cannot be taken in isolation to discharge the accused.Justice N. Nagaresh explained that to discharge an accused person under Section 227 of the CrPC, the Court ought to determine if there are sufficient grounds to proceed against them. The Kerala …

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court
1 year, 4 months ago

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court

Live Law  

The Kerala High Court has held that the power of a revisional court under Section 397 to 401 of the Criminal Procedure Code, 1973 cannot be equated to that of an Appellate Court. “Unless the finding of the court, whose decision is sought to be revised, is shown to be perverse or untenable in law or is grossly erroneous or …

Bombay High Court Quashes Order Against Raj Thackarey, Asks Sessions Court To Decide Discharge Afresh In 2008 Agitation Case
1 year, 9 months ago

Bombay High Court Quashes Order Against Raj Thackarey, Asks Sessions Court To Decide Discharge Afresh In 2008 Agitation Case

Live Law  

The Bombay High Court on Thursday quashed an order passed against Maharashtra Navnirman Sena president Raj Thackeray refusing to discharge him from a 2008 “unlawful assembly case” regarding agitations seeking jobs for Maharashtrians in the Railway. Justice Amit Borkar remanded the matter back to the Sessions court of Islampur directing it to decide the revision application afresh as the order …

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 …

S.227 CrPC | Judge Cannot Act As Mouthpiece Of Prosecution While Deciding Discharge Application, Must Consider Broad Probabilities Of Case: Delhi HC
2 years, 4 months ago

S.227 CrPC | Judge Cannot Act As Mouthpiece Of Prosecution While Deciding Discharge Application, Must Consider Broad Probabilities Of Case: Delhi HC

Live Law  

The Delhi High Court has observed that a judge, in exercise of jurisdiction under Section 227 of CrPC, cannot merely act as the post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before it.Justice Purushaindra Kumar Kaurav added that the Judge …

S.226 - 228 CrPC Meant To Ensure Expeditious Disposal Of Criminal Case, Parties Must Not Indulge In Dilatory Tactics: Gujarat High Court
2 years, 5 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 …

S.340 CrPC Can't Be Invoked If False Statement In Application Did Not Impact Its Outcome: Madhya Pradesh High Court
2 years, 8 months ago

S.340 CrPC Can't Be Invoked If False Statement In Application Did Not Impact Its Outcome: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently held that false statements made in an application under section 45 of the Indian Evidence Act, which did not have any impact on the outcome of the said application, cannot be a ground to initiate proceedings under section 340 CrPC. The Court then scrutinized the provision under section 340 CrPC and observed …

'Refusal To Consider' Different From 'Rejection For Reasons': Kerala HC Directs State Tax Officer To Reconsider Plea Seeking Copies Of Witness Statements
2 years, 11 months ago

'Refusal To Consider' Different From 'Rejection For Reasons': Kerala HC Directs State Tax Officer To Reconsider Plea Seeking Copies Of Witness Statements

Live Law  

The Kerala High Court has held that there is a clear distinction between refusing to consider an application and rejecting one with reasons, while finding that an officer should specify reasons while denying copies of statements made to the parties in an investigation. Justice Bechu Kurian Thomas observed that since it is settled law that reasons should be reflected in …

Plea Assailing Re-Commencement Of Physical Hearings & Filings In Kerala HC: SC Asks SG To Seek Instructions From HC
4 years, 5 months ago

Plea Assailing Re-Commencement Of Physical Hearings & Filings In Kerala HC: SC Asks SG To Seek Instructions From HC

Live Law  

The Supreme Court on Friday directed the Solicitor General to seek instructions from the Kerala High Court in a plea seeking quashing of Notice by the High Court, which mandates re-commencement of physical filings of applications/petitions, except bail pleas w.e.f. Not only is it difficult for lawyers and clerks to travel due to lockdown restrictions, it is also challenging to …

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