High Court Cannot Quash Criminal Proceedings U/Sec 482 CrPC Relying On 'Draft Charge Sheet' Which Is Yet To Be Filed Before Magistrate: Supreme Court
3 years, 4 months ago

High Court Cannot Quash Criminal Proceedings U/Sec 482 CrPC Relying On 'Draft Charge Sheet' Which Is Yet To Be Filed Before Magistrate: Supreme Court

Live Law  

A High Court cannot place reliance on a "draft charge-sheet" which is yet to be placed before the Magistrate to quash the criminal proceedings under Section 482 of Criminal Procedure, the Supreme Court observed in a judgment delivered on Friday.The bench comprising Justices DY Chandrachud and BV Nagarathna observed that a High Court can neither direct an investigating agency. A High Court cannot place reliance on a "draft charge-sheet" which is yet to be placed before the Magistrate to quash the criminal proceedings under Section 482 of Criminal Procedure, the Supreme Court observed in a judgment delivered on Friday. The bench comprising Justices DY Chandrachud and BV Nagarathna observed that a High Court can neither direct an investigating agency to submit the investigation report before it nor can it quash a criminal proceeding under Section 482 relying on such a report when the report has not been submitted to the Magistrate. In Pratibha v. Rameshwari Devi, a two-judge Bench of this Court has held that the High Court can neither direct an investigating agency to submit the investigation report before it nor can it quash a criminal proceeding under Section 482 relying on such a report when the report has not been submitted to the Magistrate.

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History of this topic

No Illegality In Considering S.319 CrPC Application After Trial Based On HC's Revision Order : Supreme Court
2 weeks, 3 days ago

No Illegality In Considering S.319 CrPC Application After Trial Based On HC's Revision Order : Supreme Court

Live Law  

In a key ruling on Section 319 of Cr.P.C., the Supreme Court on Thursday held that while the power to summon an additional accused must be exercised before the trial concludes, if a pre-trial application for summoning is rejected and the High Court, in revision, sets aside the rejection and orders reconsideration, the application cannot be dismissed solely because it …

Supreme Court quashes chargesheet against former Army officer in rape case
3 weeks, 6 days ago

Supreme Court quashes chargesheet against former Army officer in rape case

The Hindu  

The Supreme Court on Tuesday quashed a chargesheet against a former Army officer in an alleged rape case saying it was an "abuse of process of law". Mr. Dubey said seven FIRs against nine different people, including the petitioner, at seven different police stations, were registered at her instance in the last eight years. "Petitioner is a 63-year-old decorated officer …

Further Investigation Can Be Directed Even After Filing Of Chargesheet & Commencement Of Trial : Supreme Court
1 month, 2 weeks ago

Further Investigation Can Be Directed Even After Filing Of Chargesheet & Commencement Of Trial : Supreme Court

Live Law  

The Supreme Court recently reiterated that further investigation can be directed even after the chargesheet has been filed and the trial has commenced. After perusing the material on record, the Bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta opined that the High Court had grossly erred while directing a fresh investigation. “On going through the material placed on …

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations
2 months ago

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Live Law  

The High Court passed an interim order in a second appeal without framing a substantial question of law. c. The High Court erred by passing an interim order without framing a substantial question of law, violating Section 100, which bars second appeals without such a question d. Both and Answer: Option Case Title: U. SUDHEERA & OTHERS VERSUS C. YASHODA …

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court
2 months, 3 weeks ago

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court

Live Law  

The Supreme Court observed that apart from exercising its power to quash a criminal case under Section 482 Cr.P.C., the High Court can also exercise powers under Article 226 of the Constitution to quash the criminal case to prevent misuse of the law. “It is true that normally, quashing of criminal proceedings would be sought and would be done in …

Supreme Court Dismisses ED's Plea Against HC Quashing Arrest Of Former Congress MLA Surender Panwar
2 months, 3 weeks ago

Supreme Court Dismisses ED's Plea Against HC Quashing Arrest Of Former Congress MLA Surender Panwar

Live Law  

The Supreme Court on Thursday dismissed a Special Leave Petition filed by the Directorate of Enforcement challenging the Punjab and Haryana High Court's decision to quash the arrest of former Congress MLA Surender Panwar in a money laundering case pertaining to alleged illegal mining and fabrication of e-rawana bills. A bench of Justice Abhay S. Oka and Justice Augustine George …

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials
3 months ago

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials

Live Law  

The Allahabad High Court, on Friday, quashed the criminal proceedings initiated by the borrower, Shipra Group, and the Enforcement Directorate against the Indiabulls Group and its officials as arbitral proceedings pursuant to the loan agreements are already underway, a fact which was suppressed by the informant. Observing that the informant had hidden the various proceedings instituted by him in different …

Summons Under PMLA Can't Be Quashed Merely Because Accused Was Discharged In Predicate Offence : Supreme Court
3 months ago

Summons Under PMLA Can't Be Quashed Merely Because Accused Was Discharged In Predicate Offence : Supreme Court

Live Law  

The Supreme Court yesterday set aside an order of the Gauhati High Court which quashed summons under the Prevention of Money Laundering Act, 2002, to investigate proceeds of crime involved money laundering on grounds that the Respondent was discharged in scheduled offence. A bench of Justices MM Sundresh and Aravind Kumar was hearing a challenge to the judgment of the …

Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders
3 months, 2 weeks ago

Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders

Live Law  

The Supreme Court recently stayed criminal trial against an accused, taking into account his grievance that the High Court reserved judgment on his plea for quashing but did not deliver the same despite lapse of 14 months since the orders were reserved. "We do not know the exact reason as to why the learned Judge of the High Court, despite …

For Discharge Application, Only Documents Forming Part Of Chargesheet Can Be Considered : Supreme Court
3 months, 3 weeks ago

For Discharge Application, Only Documents Forming Part Of Chargesheet Can Be Considered : Supreme Court

Live Law  

In a recent case, the Supreme Court observed that while considering the application for discharge, only that document is to be considered which forms part of the charge sheet, and not the ones which were never part of the charge sheet. Instead of quashing the same, the High Court directed the Trial Court to consider the decree of nullity and …

ED’s ECIR need not be quashed just because FIR has been set aside, rules Madras High Court
6 months, 1 week ago

ED’s ECIR need not be quashed just because FIR has been set aside, rules Madras High Court

The Hindu  

The Enforcement Case Information Report registered by the Directorate of Enforcement under the Prevention of Money Laundering Act of 2002 cannot be quashed if the First Information Report registered by another agency for the predicate offence had been quashed only on technical or procedural grounds and not on substantive grounds, the Madras High Court has ruled. The petitioner had contended …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Jurisdictional Delineation: Power Of Revisional Court Vis-À-Vis Quashing Of FIR
11 months ago

Jurisdictional Delineation: Power Of Revisional Court Vis-À-Vis Quashing Of FIR

Live Law  

In a significant judgment pronounced recently in the case of Arun P.Gidh v. Chandra Prakash Singh and Ors., a three-judge bench of the Bombay High Court extensively examined the question of revisional court's power to quash an FIR registered pursuant to an order of magistrate under Section 156 Cr.P.C. It can never be inferred that the power of police to …

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench
11 months, 1 week ago

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench

Live Law  

The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156 CrPC to investigate a cognizable offence.A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
1 year ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

By Judicial Order, High Court Cannot Render Advice : Supreme Court
1 year ago

By Judicial Order, High Court Cannot Render Advice : Supreme Court

Live Law  

While deprecating a High Court order for overlooking the long period of incarceration undergone by the petitioner, the Supreme Court recently reiterated that Courts cannot render "advice" through judicial orders and stayed a direction calling for a periodical report from Trial Court on the progress of trial. "We are of the view that issuing such a direction amounts to interference …

High Court Under S. 482 CrPC Should Not Decide Whether Debt In Cheque Dishonour Case Is Time-Barred: Supreme Court
1 year, 1 month ago

High Court Under S. 482 CrPC Should Not Decide Whether Debt In Cheque Dishonour Case Is Time-Barred: Supreme Court

Live Law  

The Supreme Court recently reiterated that in proceedings under Section 138 of the Negotiable Instruments Act, 1881, the question of whether the underlying debt is time-barred is based on the evidence. “Undoubtedly, the question regarding the time-barred nature of an underlying debt or liability in proceedings under Section 138 of the NI Act is a mixed question of law and …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
1 year, 1 month ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC
1 year, 2 months ago

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC

Live Law  

The Allahabad High Court has observed that a charge sheet and the criminal proceedings against an accused cannot be quashed merely because the allegations may also disclose a civil dispute between the parties. “The mere fact that the allegations also make out existence of civil dispute would not be a ground to quash the criminal proceedings when the allegations clearly …

When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court
1 year, 2 months ago

When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court

Live Law  

The Supreme Court in a recent order observed that when the High Court was called upon to invoke power under Section 482 Cr.P.C to quash a criminal case, it was incumbent upon the High Court to consider the question whether the allegations would constitute the offence alleged against the person-accused. While setting aside an order of a High Court which …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 4 months ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law  

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

S.482 CrPC | Criminal Antecedents Of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court
1 year, 7 months ago

S.482 CrPC | Criminal Antecedents Of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court

Live Law  

The Supreme Court observed that the criminal antecedents of the accused cannot be the sole consideration to decline to quash the criminal proceedings. "An accused has a legitimate right to say before the Court that howsoever bad his antecedents may be, still if the FIR fails to disclose commission of any offence or his case falls within one of the …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 10 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 …

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, 11 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 …

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court
2 years, 1 month ago

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court

Live Law  

The Kerala High Court recently refused to quash an FIR against a man accused of attempt to murder under Section 307 of the Indian Penal Code, 1860 despite the dispute being settled between the accused and the de facto complainant. The first petition was for quashing the FIR filed against him and the second petition was to quash the order …

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent
2 years, 3 months ago

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent

Live Law  

The Supreme Court, in an judgment passed yesterday, quashed criminal proceedings against an accused in a cheating case after noticing that the complainant in fact availed civil remedy.The court however clarified that this order in the facts and circumstances of the present case and the same shall not be cited as a precedent.In this case, the complainant alleged that his …

Supreme Court Seeks Response From Allahabad HC Judge For Dismissing 45 Anticipatory Bail Pleas On Same Day In Same Fashion For Non-Prosecution
2 years, 4 months ago

Supreme Court Seeks Response From Allahabad HC Judge For Dismissing 45 Anticipatory Bail Pleas On Same Day In Same Fashion For Non-Prosecution

Live Law  

The Supreme Court recently took exception to how a Judge of the Allahabad High Court dismissed almost 45 petitions seeking anticipatory bail on a single day, in the same fashion for non-prosecution. "We are not supposed to comment at this stage but direct the Registrar of the High Court of Allahabad to submit the report to this Court after obtaining …

Delhi High Court refuses to quash FIR against a man on molestation allegations
2 years, 6 months ago

Delhi High Court refuses to quash FIR against a man on molestation allegations

Firstpost  

The accused had to resign from his lucrative job in the United Nations following the complainant’s letter to his organisation New Delhi: The Delhi High Court has refused to quash an FIR against a man on molestation allegations and directed that the woman will have to pay damages to the accused in case he is acquitted by the trial court. …

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC
2 years, 6 months ago

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC

Live Law  

The Karnataka High Court has quashed an order of conviction after the parties to the proceedings post the conviction order entered into a settlement and sought for compounding of the offences so made against the petitioner. A single judge bench of Justice M Nagaprasanna allowed the plea filed by one Lakshmibai who was convicted by the trial court for offences …

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court
2 years, 9 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 …

A case of the court straying into the legislative sphere
2 years, 9 months ago

A case of the court straying into the legislative sphere

The Hindu  

Recently, the Allahabad High Court, while allowing two criminal revisions pertaining to a dowry case, took cognisance of the misuse of Section 498A of the Indian Penal Code, proposed certain safeguards and directed the State authorities of Uttar Pradesh to take the necessary steps for their implementation in a given time period. Strangely enough, the High Court specifically mentioned in …

Gujarat High Court Refuses To Quash Extortion FIR Against Ex-ASG IH Syed
2 years, 9 months ago

Gujarat High Court Refuses To Quash Extortion FIR Against Ex-ASG IH Syed

Live Law  

The Gujarat High Court has refused to quash a FIR registered against former Assistant Solicitor General and Senior Advocate IH Syed for alleged assault and extortion, stating that the investigation is underway and thus, it is too early to opine on his innocence. The Gujarat High Court has refused to quash a FIR registered against former Assistant Solicitor General and …

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court
2 years, 10 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 …

Husband Files FIR Against Live-In Partner Of His Wife: Allahabad High Court Stays Arrest Of Man, Family Members
3 years, 1 month ago

Husband Files FIR Against Live-In Partner Of His Wife: Allahabad High Court Stays Arrest Of Man, Family Members

Live Law  

The Allahabad High Court on Monday stayed the arrest of a man who is living with a married woman in connection with an FIR registered against him by the husband of the woman.The Bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar also issued a notice to the husband of the woman seeking his reply in the matter.Essentially, one …

Section 482 CrPC - High Court Can't Pass Adverse Orders Or Observations Against Third Party Who Is Not Before It : Supreme Court
3 years, 3 months ago

Section 482 CrPC - High Court Can't Pass Adverse Orders Or Observations Against Third Party Who Is Not Before It : Supreme Court

Live Law  

The Supreme Court has recently observed that the High Court in a petition for quashing filed by the accused u/s 482 CrPC cannot issue directions for proceeding against a third party who was neither before the Court and nor was given any opportunity before passing the order.The bench of Justices AM Khanwilkar and CT Ravikumar was considering a special leave …

Co-Accused Being Not Chargesheeted No Ground To Quash Proceedings Against Accused Who Is Chargesheeted After A Thorough Investigation: Supreme Court
3 years, 3 months ago

Co-Accused Being Not Chargesheeted No Ground To Quash Proceedings Against Accused Who Is Chargesheeted After A Thorough Investigation: Supreme Court

Live Law  

A bench of Justice B.V. Nagarathna and Justice M.R. Shah have recently observed in a case dealing with criminal conspiracy to cheat a bank and induce dishonest delivery of property, that "merely because some other persons who might committed the offences, but were not arrayed as accused and were not charge-sheeted cannot be a ground to quash the criminal proceedings …

Sec 120B IPC - Not Safe To Convict A Person For Criminal Conspiracy In Absence Of Evidence Showing Meeting Of Minds : Supreme Court
3 years, 3 months ago

Sec 120B IPC - Not Safe To Convict A Person For Criminal Conspiracy In Absence Of Evidence Showing Meeting Of Minds : Supreme Court

Live Law  

The Supreme Court has observed that in absence of any evidence to show meeting of minds between the conspirators for the intended object of committing an illegal act, it is not safe to hold a person guilty for offences under Section 120-B of IPC.The bench of Justices R Subhash Reddy and Hrishikesh Roy was considering a criminal appeal against the …

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court
3 years, 4 months ago

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court

Live Law  

The Supreme Court reiterated that a High Court in a criminal appeal under Section 374 of Code of Criminal Procedure is duty bound to consider the entirety of the evidence. In the exercise of its appellate jurisdiction, the High Court was required to evaluate the evidence on the record independently and to arrive at its own findings as regards the …

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court
3 years, 6 months ago

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court

Live Law  

Observing that an offence of Attempt To Murder will fall under the category of heinous offence, and therefore, has to be treated as a crime against society, the Delhi High Court on Monday refused to quash an FIR registered for an offence under 307/34 IPC. Court's observations At the outset, the Court noted that there was a conflict of opinions …

Supreme Court Grants 2 Months Protection To 'The Wire' Journalists From 3 UP Police FIRS; Asks Them To Move HC For Quashing
3 years, 6 months ago

Supreme Court Grants 2 Months Protection To 'The Wire' Journalists From 3 UP Police FIRS; Asks Them To Move HC For Quashing

Live Law  

The Supreme Court on Wednesday granted two months protection to the "The Wire" and three of its reporters from three FIRs registered against them by the Uttar Pradesh Police over some of the reports published by the portal.However, the Supreme Court said that to entertain the matter directly will open a "Pandora's Box" and asked them to approach the High …

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme Court
3 years, 7 months ago

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme Court

Live Law  

The Supreme Court observed that it is improper to quash criminal proceedings under Section 482 of Criminal Procedure Code when there are serious triable allegations in the complaint.Appreciation of evidence is not permissible at the stage of quashing of proceedings in exercise of powers under Section 482 CrPC, the Supreme Court reiterated while setting aside a High Court judgment.In this. …

Condition Of Pre-deposit Of Fine Amount Cannot Be Imposed To Hear Revision Petition Filed By Convict: Supreme Court
3 years, 7 months ago

Condition Of Pre-deposit Of Fine Amount Cannot Be Imposed To Hear Revision Petition Filed By Convict: Supreme Court

Live Law  

The Supreme Court observed that deposit of fine amount cannot be made a condition precedent for hearing revision petition under Section 397 of the Criminal Procedure Code.In this case, the accused was convicted for the offence under Section 138 of the Negotiable Instruments Act, was sentenced to fine in the sum of Rs.6,00,000/-. The Supreme Court observed that deposit of …

Quashing Of FIR- Detailed Enquiry On Merits Not Warranted U/s 482 CrPC, Reiterates Supreme Court
3 years, 7 months ago

Quashing Of FIR- Detailed Enquiry On Merits Not Warranted U/s 482 CrPC, Reiterates Supreme Court

Live Law  

The Supreme court reiterated that a detailed enquiry into the merits of the allegations is not warranted while exercising jurisdiction under Section 482 of the Criminal Procedure Code.The bench comprising Justices DY Chandrachud and MR Shah observed that while exercising jurisdiction under Section 482 of the Criminal Procedure Code, the High Court ought not to be scrutinizing the material in. …

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement
3 years, 7 months ago

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement

Live Law  

The Supreme Court quashed a rape case after taking into account the mediated settlement arrived between the accused and the prosecutrix.In this case, the girl had filed a complaint against the accused, alleging that he had sexual relationship with her by misrepresenting to her that he is divorced.The accused later approached the Delhi High Court seeking quashing of the criminal …

High Court Shall Apply Its Mind To The Entirety Of The Case While Deciding A Criminal Appeal, Reiterates Supreme Court
3 years, 10 months ago

High Court Shall Apply Its Mind To The Entirety Of The Case While Deciding A Criminal Appeal, Reiterates Supreme Court

Live Law  

While deciding a criminal appeal on merits, the High Court is required to apply its mind to the entirety of the case including the evidence on the record before arriving at its conclusion, the Supreme Court reiterated.The bench of Justices DY Chandrachud and MR Shah observed thus while allowing an appeal against an Allahabad High Court judgment which reversed the …

BREAKING : Kerala High Court Quashes Kerala Police FIRs Against Enforcement Directorate
3 years, 11 months ago

BREAKING : Kerala High Court Quashes Kerala Police FIRs Against Enforcement Directorate

Live Law  

The Kerala High Court on Friday quashed the two FIRs registered by the Kerala Police Crime Branch against "unnamed officials" of the Enforcement Directorate for allegedly coercing the accused in the gold smuggling case to give false incriminating statements implicate Chief Minister Pinarayi Vijayan and other state functionaries.In a judgment pronounced on Friday, the High Court held that the. The …

Breaking-"We Will Not Stop High Court"; Supreme Court Refuses To Entertain UP Govt's Plea To Transfer Cases Challenging Love-Jihad Ordinance To SC
4 years, 1 month ago

Breaking-"We Will Not Stop High Court"; Supreme Court Refuses To Entertain UP Govt's Plea To Transfer Cases Challenging Love-Jihad Ordinance To SC

Live Law  

The Supreme Court on Monday refused to transfer to itself the petitions filed in Allahabad High Court challenging the ordinance brought by the Uttar Pradesh government against religious conversions, which among other things, criminalizes religious conversions for marriage. "If the Allahabad High Court is going to decide the cases, why should we interfere," remarked a Bench headed. "If the Allahabad …

An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge Sheet: Supreme Court
4 years, 2 months ago

An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge Sheet: Supreme Court

Live Law  

The Supreme Court has held that an accused who was released on default bail cannot be re-arrested on filing of charge-sheet by policeIn this case, Kamlesh was accused of committing offences under Sections 406, 409, 420, 467, 468, 471, 477-A, 201, 120-B of Indian Penal Code and Section 5 of the Prize Chits Money Circulation Scheme, 1978 and Section 65 …

"Can HC Grant Protection From Arrest To Accused Till Filing Of Chargesheet While Refusing To Quash FIR ?": Supreme Court to Examine
4 years, 4 months ago

"Can HC Grant Protection From Arrest To Accused Till Filing Of Chargesheet While Refusing To Quash FIR ?": Supreme Court to Examine

Live Law  

The Supreme Court will examine the issue whether a High Court, while considering a petition to quash FIR, pass an order protecting the accused from arrest until the submission of the charge sheet under Section 173 of the Code of Criminal Procedure? The bench comprising Justices DY Chandrachud and Indu Malhotra issued notice in an SLP filed against Allahabad High …

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