Preliminary Enquiry U/S 340 CrPC Can Only Be Initiated In Interest Of Justice And In Relation To Court Proceedings: J&K High Court
7 months, 2 weeks ago

Preliminary Enquiry U/S 340 CrPC Can Only Be Initiated In Interest Of Justice And In Relation To Court Proceedings: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasised that a preliminary enquiry under Section 340 of the Cr. It is not a case where the petitioner is stated to have made any contradictory statements in his pleadings but it is a case where he has made certain allegations, the veracity of which is yet to be determined… this Court feels that the prayer of the respondents/applicants for initiating preliminary enquiry under Section 340 of the Cr. Court's Observations: Justice Sanjay Dhar meticulously analyzed the legal provisions of Section 340 Cr. Justice Dhar also referenced the Delhi High Court's decision in Punjab Tractors Ltd. vs. International Tractors Ltd., which held that applications under Section 340 should typically be dealt with at the final stage of proceedings to prevent the misuse of the provision for settling private grievances.

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History of this topic

Procedure U/S 329 CrPC For Accused With Unsound Mind Applies Only After Framing Of Charges: J&K High Court
1 week, 2 days ago

Procedure U/S 329 CrPC For Accused With Unsound Mind Applies Only After Framing Of Charges: J&K High Court

Live Law  

The High Court of Jammu & Kashmir and Ladakh has clarified that the provisions of Section 329 of the Code of Criminal Procedure, which deal with the procedure for trying a person of unsound mind, can only be invoked after the framing of charges in a criminal trial. A bench of Justice Sanjay Dhar emphasized that the trial court cannot …

Filing Written Statement Does Not Waive Right To Arbitration If Preliminary Objection Is Raised At Outset: Jammu & Kashmir High Court
1 week, 5 days ago

Filing Written Statement Does Not Waive Right To Arbitration If Preliminary Objection Is Raised At Outset: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir High Court bench of Justice Rajnesh Oswal held that mere filing of the written statement in a suit does not constitute a waiver of right to arbitration if the party has raised a preliminary objection in respect of the arbitration clause at the outset. The High Court also noted that the Respondents didn't waive their right …

S. 379 BNSS | Court Not Bound To Hold Preliminary Inquiry Before Making Or Refusing To Make Complaint: Orissa High Court
3 weeks, 6 days ago

S. 379 BNSS | Court Not Bound To Hold Preliminary Inquiry Before Making Or Refusing To Make Complaint: Orissa High Court

Live Law  

The Orissa High Court has held that it is not mandatory on the part of Court to hold a preliminary inquiry as provided under Section 379 of the Bharatiya Nagarik Suraksha Sanhita into commission of offences referred to in Section 215, BNSS in order to make or reject to make complaint. In order to decide maintainability of the petition, the …

Preliminary Inquiry Is Mandatory Before Issuing Process When Accused Resides Beyond Territorial Jurisdiction Of Magistrate: J&K High Court
1 month, 1 week ago

Preliminary Inquiry Is Mandatory Before Issuing Process When Accused Resides Beyond Territorial Jurisdiction Of Magistrate: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that it is mandatory to conduct an inquiry before issuing process in a case where the accused is residing outside the jurisdiction of the magistrate court. A bench of Justice Sanjay Dhar set aside the order passed by the Judicial Magistrate and direction was issued to the learned trial court to hold a …

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court
1 month, 2 weeks ago

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court

Live Law  

The Karnataka High Court has said that it is the discretion of the trial court to dispense with the accused statement under Section 313 of the Criminal Procedure Code if the accused does not avail of any opportunity for cross-examining the witness or lead any defence evidence. A single judge, Justice H P Sandesh dismissed the petition filed by Sunil …

Summons U/S 91 CrPC Cannot Be Issued During Preliminary Verification As It Is Not An 'Investigation': J&K High Court
1 month, 4 weeks ago

Summons U/S 91 CrPC Cannot Be Issued During Preliminary Verification As It Is Not An 'Investigation': J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has ruled that the power under Section 91 of the Code of Criminal Procedure can be invoked only during an inquiry, investigation, or trial, and cannot be exercised at the stage of preliminary verification. In quashing summons issued by the Anti-Corruption Bureau to the petitioner, Justice Javed Iqbal Wani observed that a …

Court Can Examine Whether Enquiry Officer Has Taken Into Account Relevant Material: J&K High Court Overturns Dismissal Order Due To 'Perverse' Enquiry Findings
11 months, 2 weeks ago

Court Can Examine Whether Enquiry Officer Has Taken Into Account Relevant Material: J&K High Court Overturns Dismissal Order Due To 'Perverse' Enquiry Findings

Live Law  

The Jammu and Kashmir and Ladakh High Court has quashed the dismissal order of a Sashastra Seema Bal trooper citing perversity in the enquiry findings. Medical records submitted by Kumar indicated he was subsequently transferred to Government Medical College Hospital, Jammu and Chest Diseases Hospital, Jammu for treatment, finally rejoining duty on 12th March 2003. An enquiry was conducted, and …

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC
11 months, 3 weeks ago

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC

Live Law  

The Kerala High Court quashed the summons and subsequent warrant issued against the accused who were staying outside the Court's jurisdiction since summons was issued without having the affidavit of the witnesses of the complainant on record. Justice Bechu Kurian Thomas observed that the lack of conducting an enquiry under Section 202 would not vitiate the process but the lack …

S.202 CrPC | Magistrate Must Conduct Enquiry Before Summoning Accused Living Beyond Jurisdiction, Can't Solely Rely On Complaint: Bombay HC Full Bench
1 year, 1 month ago

S.202 CrPC | Magistrate Must Conduct Enquiry Before Summoning Accused Living Beyond Jurisdiction, Can't Solely Rely On Complaint: Bombay HC Full Bench

Live Law  

The Bombay High Court's full bench observed that when a Magistrate is conducting a mandatory inquiry under Section 202 of the Criminal Procedure Code before summoning an accused who lives outside the court's jurisdiction, the Magistrate shouldn't solely rely on the allegations in the private complaint as it can be used as an instrument of vendetta. “It is… the duty …

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR
1 year, 9 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 …

Preliminary Inquiry Necessary When There Is Abnormal Delay By Complainant In Initiating Criminal Prosecution: Jammu & Kashmir High Court Reiterates
1 year, 10 months ago

Preliminary Inquiry Necessary When There Is Abnormal Delay By Complainant In Initiating Criminal Prosecution: Jammu & Kashmir High Court Reiterates

Live Law  

The Jammu and Kashmir and Ladakh High Court recently reiterated that when there is abnormal delay by complainant in initiating criminal prosecution, it becomes necessary for the Magistrate to order a preliminary inquiry. It said, "Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over three months’ delay in reporting the matter without satisfactorily explaining the reasons …

[Departmental Action] Enquiry Officer Cannot Return A Finding On Allegation Which Is Not Part Of Chargesheet: JKL High Court Reiterates
2 years, 3 months ago

[Departmental Action] Enquiry Officer Cannot Return A Finding On Allegation Which Is Not Part Of Chargesheet: JKL High Court Reiterates

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that an enquiry officer cannot return a finding on the allegation which is not part of the chargesheet. A bench comprising Justice Sanjeev Kumar observed, "The mandate of the enquiry officer holding disciplinary enquiry is to conduct enquiry into the charges framed against the delinquent and restrict his finding to …

S.340 CrPC Can't Be Invoked If False Statement In Application Did Not Impact Its Outcome: Madhya Pradesh High Court
2 years, 11 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 …

Can Magistrate Reject Application Filed U/S 313 CrPC Requiring Accused To Explain Evidence Produced Against Him? Gujarat High Court To Examine
3 years ago

Can Magistrate Reject Application Filed U/S 313 CrPC Requiring Accused To Explain Evidence Produced Against Him? Gujarat High Court To Examine

Live Law  

The Gujarat High Court is set to examine whether a Magistrate can reject an application filed by the complainant seeking explanation of the accused under Section 313 of CrPC, upon the evidence produced against him.The provision stipulates power of the Court to examine the accused and enable him to personally explain any circumstances appearing in the evidence against him.In the …

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint
3 years ago

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint

Live Law  

Affirming the Trial Court's decision of dismissing a private complaint on the ground that the dispute was of civil nature, the Gujarat High Court has observed that the Trial Court had duly followed the procedure under Section 203 of the Code of Criminal Procedure. The Bench comprising Justice Vipul Pancholi was hearing a petition under Art 227 wherein the Petitioner …

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC
3 years, 1 month 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 …

[Matrimonial Dispute] Can't Quash FIR On The Ground That Probe Officer Didn't Conduct Preliminary Enquiry: Allahabad HC
3 years, 1 month ago

[Matrimonial Dispute] Can't Quash FIR On The Ground That Probe Officer Didn't Conduct Preliminary Enquiry: Allahabad HC

Live Law  

The Allahabad High Court has observed that Conducting or not conducting preliminary enquiry is the domain of Investigating Officer on which basis, F.I.R. The Bench of Justice Anil Kumar Ojha observed thus while hearing a 482 CrPC plea filed by the Husband, father-in-law, and mother-in-law of the victim, Seema seeking to quash the entire criminal proceedings arising out of. The …

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court
3 years, 1 month ago

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court

Live Law  

The High Court of Madhya Pradesh, Gwalior Bench recently held that conducting a preliminary enquiry is not sine qua non for issuing a direction for prosecution U/S 195 CRPC and that the Applicant is not entitled for any opportunity of hearing prior to that. The trial court, while passing the judgment, also directed that since the Applicant had intentionally changed …

Former Mumbai Police Commissioner Param Bir Singh Moves Bombay High Court Against Preliminary Enquiry Against Him
3 years, 11 months ago

Former Mumbai Police Commissioner Param Bir Singh Moves Bombay High Court Against Preliminary Enquiry Against Him

Live Law  

Param Bir Singh filed a petition in the Bombay High Court on Thursday, challenging two preliminary enquiries initiated against him by the Maharashtra government.In his petition, Singh claimed he was being targeted and harassed for highlighting the alleged "corrupt malpractices" of former state home minister and NCP leader Anil Deshmukh.Singh in his plea also claimed that during his meeting. Param …

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