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 while disposing petitions under. The bench comprising Justices MR Shah and BV Nagarathna reiterated that a High Court must pass a speaking and reasoned order while disposing petitions under Section 482 of the Code of Criminal Procedure. Allowing the petition filed by the accused challenging this order, the Allahabad High Court quashed the criminal proceedings merely opining that "that no useful purpose shall be served by prolonging the proceedings of the case". Case details Satish Kumar Jatav vs State of UP | 2022 LiveLaw 488 | CrA 770 of 2022 | 17 May 2022 Coram: Justices MR Shah and BV Nagarathna Counsel: Adv Sudhir Dixit for appellant, Sr. Adv Jayant Mehta for respondent Headnotes Code of Criminal Procedure, 1973; Section 482 - The ground that "no useful purpose will be served by prolonging the proceedings of the case" cannot be a good ground and/or a ground at all to quash the criminal proceedings when a clear case was made out for the offences alleged.

Supreme Court Court Criminal Criminal Procedure Purpose Order Case Accused High Shah Proceedings Ground Served Magistrate Offences Quashed Section 482 Section 482 Cr Bv Nagarathna 482 Crpc Useful No Useful Purpose Justices Mr Shah No Useful Purpose Will Be Served  merely  criminal  order  accused  ground  useful  case  482  crpc  court  proceedings  quashed  served  offences  supreme  high  purpose

History of this topic

Madras High Court Issues Directions To Clear Backlog Of Cheque Bounce Cases In Magistrate Courts
1 month ago

Madras High Court Issues Directions To Clear Backlog Of Cheque Bounce Cases In Magistrate Courts

Live Law  

Noting the pendency of cases under Section 138 of the Negotiable Instruments Act, the Madras High Court has issued a slew of directions for speedy of disposal of cases. “Judicial notice can be taken of the fact that cases under Section 138 of the Negotiable Instruments Act, 1881 are clogging the Magistrate Courts for years on account of various reasons. …

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

Allahabad High Court Weekly Round-Up: January 20 To January 26, 2025
1 month, 3 weeks ago

Allahabad High Court Weekly Round-Up: January 20 To January 26, 2025

Live Law  

NOMINAL INDEX Neeraj Kumar v. Smt. and Another 2025 LiveLaw 34 Jagriti And 2 Others vs. State Of Up And 6 Others 2025 LiveLaw 35 Shubhra Rai vs. State Of Up And 3 Others 2025 LiveLaw 36 Raj Pal Singh Dishwar vs. State Of Up And 3 Others 2025 LiveLaw 37 ORDERS/JUDGMENTS OF THE WEEK Refusal Of Husband To Lead …

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years
1 month, 3 weeks ago

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years

Live Law  

The Allahabad High Court recently quashed a complaint case pending against a man for the past 32 years where he was facing charges under Sections 194, 211 IPC for giving false evidence during a murder trial. While acquitting the accused, the trial Court directed the initiating of proceedings under Sections 211/194 IPC against the applicant on the ground that during …

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 …

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 …

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 …

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 …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
2 months, 2 weeks ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

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

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court
Trending News
3 months, 1 week ago

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

Live Law  

The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced …

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court
Trending News
3 months, 1 week ago

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

Live Law  

The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced …

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC
3 months, 1 week ago

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC

Live Law  

The Delhi High Court has made it clear that Show Cause Notices and adjudication proceedings under the Customs Act, 1962, the Finance Act, 1994 or the Central Goods and Services Tax, 2017 cannot be kept pending for years. Court said the phrase cannot be construed as a free-pass and “Ultimately it is incumbent upon the authority to establish that it …

In Quashing Petition, Wider Challenge Is Available Than Discharge Petition : Supreme Court
3 months, 1 week ago

In Quashing Petition, Wider Challenge Is Available Than Discharge Petition : Supreme Court

Live Law  

The Supreme Court reiterated that an accused can still file a petition to quash criminal proceedings under Section 482 of the Criminal Procedure Code even after filing a charge sheet. It rejected the argument that the accused must wait for charges to be framed and then challenge an order framing charges through a revision application.The Court explained that in a …

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 …

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference
3 months, 2 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 …

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court
4 months ago

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court

Live Law  

While directing restoration of the criminal proceedings against Kerala MLA Antony Raju in an evidence tampering case, the Supreme Court today held that the bar on taking of cognizance under Section 195 CrPC was not attracted in the case, as the proceedings were initiated against Raju pursuant to a judicial order. "the initiation of the present proceedings in the present …

Supreme Court Deprecates Allahabad HC's Practice Of Disposing Quashing Petitions By Asking Petitioners To Seek Discharge
4 months ago

Supreme Court Deprecates Allahabad HC's Practice Of Disposing Quashing Petitions By Asking Petitioners To Seek Discharge

Live Law  

The Supreme Court on Thursday deprecated practice of the Allahabad High Court of directing petitioners seeking quashing of cases to instead apply to the trial court for discharge. A bench of Justice Abhay Oka and Justice AG Masih issued notice on the plea challenging the Allahabad High Court's order that had rejected an application quashing a forgery case. The Allahabad …

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.

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court
6 months, 3 weeks 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, 2 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 …

Use Of Blank Printed Proforma For Passing Judicial Order Is Unacceptable: Allahabad HC Sets Aside Cognizance & Summoning Order
8 months, 3 weeks ago

Use Of Blank Printed Proforma For Passing Judicial Order Is Unacceptable: Allahabad HC Sets Aside Cognizance & Summoning Order

Live Law  

The Allahabad High Court recently observed that the use of blank printed proforma for passing the judicial order by the Magistrate is unacceptable, being indicative of nonapplication of judicial mind in passing the order. With these observations, the Court set aside a cognizance and summoning order passed by the Judicial Magistrate, Azamgarh, concerning a case under Sections 434, 506 IPC. …

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. …

Allahabad High Court Quashes Criminal Cases Against CFO, CEO & MD, And Senior Executive Vice President Of Larsen And Toubro Limited
10 months, 2 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 …

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 …

The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate
11 months, 1 week 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 …

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 …

HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside Allahabad HC's Order Passed Without Hearing Parties
1 year ago

HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside Allahabad HC's Order Passed Without Hearing Parties

Live Law  

The Supreme Court on Monday set aside the order of the Allahabad High Court passed in gross violation of the principle of natural justice whereby the order was passed without hearing to the opposite parties.Terming the order of the High Court as arbitrary and perverse, the Bench Comprising Justices BR Gavai and Sandeep Mehta found that the order was passed …

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 …

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court
1 year, 1 month ago

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court

Live Law  

Recently, the Supreme Court observed that the courts cannot issue processes under Section 91 of the Code of Criminal Procedure to compel the production of things/documents based on the application made by the accused at the stage of framing of charges. The short question before the Supreme Court was whether the accused could file an application for the production 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 …

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 …

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 …

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 …

S.319 CrPC | Supreme Court Affirms Summon Orders Against Police Officials Accused Of Corruption; Finds Prima Facie Case
1 year, 2 months ago

S.319 CrPC | Supreme Court Affirms Summon Orders Against Police Officials Accused Of Corruption; Finds Prima Facie Case

Live Law  

The Supreme Court recently upheld an application under Section 319 of the Code of Criminal Procedure, 1973 filed against the police officials accused of corruption. While doing so, the Top Court affirmed the Trial Court as well as the impugned order of the Punjab and Haryana High Court, summoning the police officials. The Division Bench of Justices Vikram Nath and …

Supreme Court Annual Digest 2023-Code Of Criminal Procedure (CrPC)
1 year, 2 months ago

Supreme Court Annual Digest 2023-Code Of Criminal Procedure (CrPC)

Live Law  

Code of Criminal Procedure, 1973 Code of Criminal Procedure, 1973 - Curtailment of 15 days of police custody by any extraneous circumstances, act of God, an order of Court not being the handy work of investigating agency would not act as a restriction. 2023 LiveLaw 396 Section 156 - Police officer's power to investigate cognizable case Code of Criminal Procedure …

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 …

Deemed The Second Petition As Not Maintainable When It Could Have Been Presented During The Filing Of First Petition
1 year, 4 months ago

Deemed The Second Petition As Not Maintainable When It Could Have Been Presented During The Filing Of First Petition

Live Law  

The Supreme Court on Monday held that a second petition under Section 482 Criminal Procedure Code, 1973 on grounds that were available for challenge even at the time of filing of the first petition would not be maintainable.A bench of Justice C T Ravikumar and Justice Sanjay Kumar observed that even though there is no absolute bar on a second …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 5 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

S.173(8) CrPC | Seeking Permission From Court To Conduct Further Investigation ‘Desirable’ But ‘Not Mandatory’: Orissa High Court
1 year, 6 months ago

S.173(8) CrPC | Seeking Permission From Court To Conduct Further Investigation ‘Desirable’ But ‘Not Mandatory’: Orissa High Court

Live Law  

The Orissa High Court has recently held that an order of cognizance cannot be quashed merely because the police conducted ‘further investigation’ under Section 173 of the Code of Criminal Procedure without obtaining formal permission from the Court. While refusing to quash the order of cognizance against the petitioner, the Single Bench of Justice Gourishankar Satapathy observed, “The order taking …

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
1 year, 7 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 …

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 …

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court
1 year, 9 months ago

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court

Live Law  

The Supreme Court recently upheld an order of Allahabad High Court which dismissed an appeal filed by a person, who was not named in the FIR, under Section 14A of the Scheduled Castes and Scheduled Tribes Act, 1989 against a summoning order to face the trial passed by a Special Court in exercise of power its under Section 319 of …

'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 …

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 …

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