Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court
3 years, 1 month ago

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court

Live Law  

The Supreme Court reiterated that the jurisdiction to quash under Section 482 of Code of Criminal Procedure can be exercised only if no offence is made out on reading the allegations in the FIR as they stand.The allegation of the complainant in this case, was that at the time of the marriage, the mother in law and brother in law of her daughter had induced her to hand over stridhan in the. The Supreme Court reiterated that the jurisdiction to quash under Section 482 of Code of Criminal Procedure can be exercised only if no offence is made out on reading the allegations in the FIR as they stand. Allowing the petition filed under Section 482 CrPC by the accused, the Allahabad High Court quashed the FIR observing that there is no specific allegation against the accused and they cannot be said to be either beneficiaries or they have direct link with act of perpetrator of cruelty. It is well-settled that at the stage when the High Court considers a petition for quashing criminal proceedings under Section 482 of the CrPC, the allegations in the FIR must be read as they stand and it is only if on the face of the allegations that no offence, as alleged, has been made out, that the Court may be justified in exercising its jurisdiction to quash.

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History of this topic

Can't Use S.482 CrPC To 'Short Circuit' Prosecution: Delhi HC Refuses To Quash FIRs Against Woman's Kin Accused Of Outraging Her Modesty
2 days, 22 hours ago

Can't Use S.482 CrPC To 'Short Circuit' Prosecution: Delhi HC Refuses To Quash FIRs Against Woman's Kin Accused Of Outraging Her Modesty

Live Law  

While hearing petitions seeking quashing of FIRs filed by a relative of the accused, the Delhi High Court observed while exercising jurisdiction under Section 482 CrPC the high court would not normally determine whether evidence is reliable as that is the Trial Court's function. Justice Neena Bansal Krishna made these observations while dealing with petitions seeking quashing of FIR under …

HC quashes FIR against KTR
4 days, 8 hours ago

HC quashes FIR against KTR

The Hindu  

Justice K. Lakshman of Telangana High Court on Wednesday quashed a criminal case against BRS working president and MLA K.T. Rama Rao, registered over the latter’s alleged objectionable comments made through social media platform X against Chief Minister A. Revanth Reddy. Though punishment for the alleged offence was imposition of fine, the investigating officer approached the Magistrate, secured permission, and …

Writ Petition For Quashing Of FIR Can't Serve As Substitute For Availing Remedies Under BNSS: Delhi High Court
1 week, 3 days ago

Writ Petition For Quashing Of FIR Can't Serve As Substitute For Availing Remedies Under BNSS: Delhi High Court

Live Law  

The Delhi High Court has recently observed that a writ petition filed under Article 226 of Constitution of India seeking quashing of an FIR cannot serve as a substitute for availing remedies specifically provided under the Bharatiya Nagarik Suraksha Sanhita, 2023, for securing personal liberty.Justice Sanjeev Narula made the observation while dismissing a plea moved by an accused in an. …

Madras High Court Quashes FIR Against OpIndia's Rahul Roushan, Nupur Sharma Over Alleged Fake News On Bihari Migrants Being Attacked
2 weeks, 4 days ago

Madras High Court Quashes FIR Against OpIndia's Rahul Roushan, Nupur Sharma Over Alleged Fake News On Bihari Migrants Being Attacked

Live Law  

The Madras High Court has quashed an FIR registered against the CEO of OpIndia, Rahul Roushan, and its Editor, Nupur Sharma, for allegedly spreading fake news about migrant workers of Bihar being attacked in Tamil Nadu. Justice GK Ilanthiraiyan, on Tuesday, allowed the plea filed by Rahul and Nupur in 2023 seeking to quash the FIR registered against them by …

Supreme Court Refuses To Quash 2011 Gujarat Police FIR Against Ex-IAS Officer Pradeep Sharma, Grants Anticipatory Bail
3 weeks, 2 days ago

Supreme Court Refuses To Quash 2011 Gujarat Police FIR Against Ex-IAS Officer Pradeep Sharma, Grants Anticipatory Bail

Live Law  

The Supreme Court today, while refusing to quash the FIR against former Gujarat IAS Officer Pradeep Sharma for allegedly misusing official position to pass unduly favourable orders in a land dispute, granted him anticipatory bail. Thus Sharma was allegedly “acting against the interest of the Government and with a view to unduly favour the allottees, had passed the order with …

Madras High Court dismisses Seeman’s plea to quash rape case
1 month ago

Madras High Court dismisses Seeman’s plea to quash rape case

The Hindu  

The Madras High Court on Monday dismissed a petition filed by Naam Tamilar Katchi chief coordinator S. Seeman, 57, in 2023 to quash a rape case registered against him by the Valasaravakkam police in Chennai years ago, on the basis of a complaint lodged by an actor. Justice G.K. Ilanthiraiyan refused to quash the First Information Report, registered on the …

HC Extends Stay on Harish Rao’s Arrest Till Feb. 19
1 month, 1 week ago

HC Extends Stay on Harish Rao’s Arrest Till Feb. 19

Deccan Chronicle  

Hyderabad: The Panjagutta police on Wednesday requested the Telangana High Court to vacate its interim stay order, which restrained the police from arresting former minister T. Harish Rao and former DCP P. Radhakishan Rao in the second phone-tapping issue. Justice K. Lakshman initiated the hearing in the quash petitions filed by Harish Rao and Radhakishan Rao, who requested the court …

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC
1 month, 2 weeks ago

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC

Live Law  

“ Such consideration of quashment of the proceedings, relying on the statement under Section 161 of the Cr.P.C. A single judge bench Justice M Nagaprasanna, which obliterated the cognizance order taken by Magistrate and remitted the matter back for fresh consideration said, The Karnataka High Court on Friday, while refusing to quash the proceeding initiated against former Chief Minister B …

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC
2 months ago

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC

Live Law  

The Allahabad High Court has observed that after the commencement of the trial, the degree of satisfaction required to be recorded by the trial court while summoning any other person as an additional accused under Section 319 CrPC should be more than the standards needed for the stage of framing of charges. However, during the trial, when the prosecution had …

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial
2 months, 1 week ago

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial

Live Law  

The question whether sanction for prosecution under the Prevention of Corruption Act, 1988 was granted by a competent authority is a matter of evidence, observed the Supreme Court, while setting aside an order of the High Court which quashed the proceedings in exercise of powers under Section 482 CrPC. A bench comprising Justice Bela M Trivedi and Justice Prasanna B …

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC
2 months, 2 weeks ago

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court has observed that after setting the criminal machinery into motion, the complainant's role ends, and the complainant or the child victim has no locus standing to file the petition for quashing a POCSO Case, that too, in the name of saving the family's honour. At the outset, the Court opined that the complainant's role ends …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
2 months, 2 weeks ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
2 months, 2 weeks ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

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

When FIR Omits Crucial Facts & They Are Added Later Through S.161 CrPC Statements, It Indicates Afterthought : Supreme Court
2 months, 2 weeks ago

When FIR Omits Crucial Facts & They Are Added Later Through S.161 CrPC Statements, It Indicates Afterthought : Supreme Court

Live Law  

The Supreme Court has held that subsequent mentioning of crucial facts, which the complainant could have stated at the time of lodging of the FIR itself, would raise doubts as it indicates an afterthought.The omission of crucial facts in the FIR cannot be supplemented through witness statements under Section 161 CrPC, the Court held. The Supreme Court has held that …

Sanction to prosecute delayed in many corruption cases says Madurai Bench of the Madras HC
2 months, 3 weeks ago

Sanction to prosecute delayed in many corruption cases says Madurai Bench of the Madras HC

New Indian Express  

MADURAI: Files for according of Sanction to Prosecute have been pending in various offices, from the Tamil Nadu chief secretary to low-level sanctioning officers and even the governor’s office, the Madurai Bench of the Madras High Court observed. Dismissing a quash petition, Justice K K Ramakrishnan said this delay has exceeded the time limit mentioned in the provisions concerned as …

HC quashes SC, ST case against judicial officers filed by their colleague
2 months, 3 weeks ago

HC quashes SC, ST case against judicial officers filed by their colleague

Deccan Chronicle  

Hyderabad: The Telangana High Court has quashed the SC, ST atrocities case filed against three judicial officers based on a complaint filed by their colleague judicial officer. The Bench was dealing with a petition filed by Asifa Sultana and others seeking quash of a First Information Report registered against them under the provisions of the SC, and ST Atrocities Act …

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case
3 months, 3 weeks ago

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case

Live Law  

The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes Act, 1989, observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste. These observations were made while hearing the plea to quash the criminal complaint lodged in …

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference
3 months, 3 weeks ago

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference

Live Law  

The Allahabad High Court has observed that when a challenge lies to the entire proceeding of a case registered under the SC/ST Act, the High Court could entertain the case under its inherent jurisdiction under Section 482 CrPC to secure the end of justice.The Court held that there could be no hard and fast rule regarding the interference of the …

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
3 months, 3 weeks ago

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts. The bench of …

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders
3 months, 3 weeks ago

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders

Live Law  

The Karnataka High Court on Wednesday quashed proceedings initiated against Karnataka State BJP President B Y Vijayendra in connection with an FIR registered over an allegedly offensive post made on X, by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress. As per the prosecution case on April 19 MCC Nodal officer of Gandhinagar informed the complainant …

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court
4 months ago

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court

Live Law  

The Supreme Court is set to hear a petition challenging the Kerala High Court's direction to the police to register FIRs on statements made by women actors to the Justice Hema Committee regarding the abuses they faced in the Malayalam cinema industry on November 25, in which the Kerala Women's Commission has recently filed a counter affidavit.The Commission has filed …

Rajasthan HC quashes FIR against Shilpa Shetty, Salman Khan under SC-ST Act
4 months ago

Rajasthan HC quashes FIR against Shilpa Shetty, Salman Khan under SC-ST Act

New Indian Express  

JAIPUR: The Rajasthan High Court on Thursday quashed an FIR against Bollywood actors Shilpa Shetty and Salman Khan under the SC-ST Act. A single bench led by Justice Arun Monga ruled that an FIR under the SC-ST Act cannot be registered without proper sectioning and inquiry. Court Highlights Flaws in FIR The High Court bench noted that the FIR was …

Madras High Court Refuses To Quash Summons Issued To MD Of Manappuram Finance Ltd For Allegedly Auctioning Stolen Gold
4 months, 1 week ago

Madras High Court Refuses To Quash Summons Issued To MD Of Manappuram Finance Ltd For Allegedly Auctioning Stolen Gold

Live Law  

The Madras High Court recently refused to quash a notice issued to the CEO and Managing Director of Manappuram Finance Limited for allegedly auctioning stolen gold. Justice KK Ramakrishnan of the Madurai bench refused to quash the notice issued to VP Nandhakumar by the Central Bureau of Investigation under Section 41 of CrPC. The court added that the procedure under …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
4 months, 2 weeks ago

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court

Firstpost  

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor. Supreme Court on Thursday set aside Rajasthan High Court’s decision to quash …

High Court Allows Inherent Power Under Section 482 CrPC in Domestic Violence Proceedings
4 months, 2 weeks ago

High Court Allows Inherent Power Under Section 482 CrPC in Domestic Violence Proceedings

Live Law  

The Punjab & Haryana High Court has made it clear that the Court can exercise its inherent power under Section 482 CrPC in domestic violence proceedings. The court considered a question regarding the applicability of Section 482 CrPC on proceedings under the Domestic Violence (DV) Act and concluded that Section 482 CrPC is applicable in such cases.

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order
5 months ago

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

News 18  

The Supreme Court has quashed a case filed against a man for rape on false promise of marriage. The court found that there was a huge irregularity between the statements of the complainant that the accused ‘established physical relationship with her without her consent’ and ‘started living with her as her husband’. The bench also noted that it was evident …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
5 months, 3 weeks ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

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 …

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court
7 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 …

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 …

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court
8 months ago

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court

Live Law  

The Delhi High Court has observed that failure to avail alternate remedy on the ground of ongoing settlement process is not a reason for the court to exercise its discretionary power to quash the complaint cases. where it is filed with unexplained delay and laches and in the meantime, the trial has proceeded.” It referred to the Supreme Court case …

Petition U/S 483 CrPC Seeking Direction To Family Court For Expeditious Disposal Of S. 125 CrPC Plea Is Maintainable: Allahabad HC
9 months, 1 week 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. …

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution
9 months, 2 weeks ago

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution

Live Law  

Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who did not disclose in the plea that a similar petition was dismissed for "non-prosecution. Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who …

Allahabad HC Quashes Criminal Case Against SP Leader Accused Of Canvassing For Father Sans Permission During 2022 UP Polls
11 months ago

Allahabad HC Quashes Criminal Case Against SP Leader Accused Of Canvassing For Father Sans Permission During 2022 UP Polls

Live Law  

The Allahabad High Court last week quashed criminal proceedings in connection with a case against a Samajwadi Party leader and former UP Minister's daughter, Shreya Verma, who was accused of canvassing for his father in the Uttar Pradesh Vidhansabha elections of 2022 without obtaining the necessary permission. It was the contention of the counsel appearing for Verma that the impugned …

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 …

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
1 year ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law  

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

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

Once Magistrate Seeks Report From Police Under S.202 CrPC, Summons To Accused Be Postponed Until Police Report Is Received: Supreme Court
1 year ago

Once Magistrate Seeks Report From Police Under S.202 CrPC, Summons To Accused Be Postponed Until Police Report Is Received: Supreme Court

Live Law  

The Supreme Court held that once the Magistrate has called for the police report under Section 202 of the Code of Criminal Procedure, then the magistrate couldn't issue a summon unless the report is submitted by the policeReversing the decision of the High Court which had refused to quash the summons issued by the Magistrate, the Supreme Court Bench of …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month 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 …

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 …

Powers U/S 482 CrPC Not Revisional/Appellate, Terms Like "Abuse Of Process" Or "Securing Ends Of Justice" Don't Grant Unfettered Discretion: J&K High Court
1 year, 1 month ago

Powers U/S 482 CrPC Not Revisional/Appellate, Terms Like "Abuse Of Process" Or "Securing Ends Of Justice" Don't Grant Unfettered Discretion: J&K High Court

Live Law  

Reiterating the restricted nature of its inherent power under Section 482 of the Criminal Procedure Code for quashing criminal complaints the Jammu and Kashmir and Ladakh High Court has observed that this exceptional power cannot be used for detailed evidence evaluation or as a substitute for appeals or revisions. A bench of Justice Javed Iqbal Wani further clarified that terms …

S.468 CrPC | Reckoning Date For Limitation Is The Date Of Filing Final Report, Not Registration Of FIR: Madras High Court
1 year, 1 month ago

S.468 CrPC | Reckoning Date For Limitation Is The Date Of Filing Final Report, Not Registration Of FIR: Madras High Court

Live Law  

The Madras High Court has recently held that the reckoning date for calculating the limitation period under Section 469 of CrPC would be from the date of filing of the final report and not the date of registration of FIR. During the hearing, the Additional Public Prosecutor informed the court that in the first case, the final report had been …

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
1 year, 1 month 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 …

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 …

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC
1 year, 3 months ago

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC

Live Law  

The Punjab & Haryana High Court has quashed FIRs against political leaders booked for allegedly violating a Magistrate'sorder promulgated under Section 144 CrPC in 2020.It was alleged that a group of political leaders, including sitting and former MLAs and ministers of Punjab, violated the orders under Section 144 CrPC enforced in Chandigarh in 2020 to curb COVID-19. The Punjab & …

Persons Not Affected By Order Challenged In Revision Petition Not Necessary Parties, Cannot Seek Recourse To Section 401(2) CrPC: Delhi HC
1 year, 3 months ago

Persons Not Affected By Order Challenged In Revision Petition Not Necessary Parties, Cannot Seek Recourse To Section 401(2) CrPC: Delhi HC

Live Law  

While dealing with a plea filed by M/s Bennett Coleman, Justice Amit Sharma of the Delhi High Court recently observed that the words “other persons” under Section 401 CrPC cannot be construed as wide enough to include persons not affected by the order challenged in the revision petition. The petitioners' counsel argued that the words 'accused' or 'other person' in …

S.205 CrPC | Provision For Exemption From Personal Appearance Meant To Avoid Undue Harassment Of Accused: Jharkhand High Court
1 year, 3 months 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 …

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 …

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