S. 205 CrPC | No Strict Bar For Dispensation Of Personal Attendance Of Accused In Cases Under SC/ST Act: Orissa High Court
2 months ago

S. 205 CrPC | No Strict Bar For Dispensation Of Personal Attendance Of Accused In Cases Under SC/ST Act: Orissa High Court

Live Law  

The Orissa High Court has recently clarified that there is no strict statutory embargo barring dispensation of personal attendance of accused under Section 205 of the CrPC in cases involving offences under the Scheduled Caste and Scheduled Tribe Act. While setting aside a trial Court order disallowing application of the appellants seeking dispensation of personal appearance, the Single Bench of Justice Aditya Kumar Mohapatra held – “It is not a fact that such applications are not allowed or that there is any statutory bar in exercise of such power in a case involving the offence under the provisions of S.C. & S.T. They had filed an application under Section 205, CrPC seeking dispensation of personal attendance in Court as they being public servants of an electricity distribution company, their presence in workplace was necessary in public interest. Act is of the considered view that there exists no embargo in exercise of power conferred by Section 205 Cr.P.C.in trials involving S.C. & S.T.

Court Application Accused Appellants Public Crpc 205 Section 205 Personal Attendance 205 Cr  sc  appellants  scst  public  s  personal  poa  crpc  high  dispensation  strict  205  st  court  accused  application  cases  orissa

History of this topic

S.245 CrPC | Mandatory For Magistrate To Record Reasons While Allowing/Rejecting Discharge Petition Of Accused: Orissa High Court
Trending News
6 days, 1 hour ago

S.245 CrPC | Mandatory For Magistrate To Record Reasons While Allowing/Rejecting Discharge Petition Of Accused: Orissa High Court

Live Law  

The Orissa High Court has held that it is mandatory for the Magistrate to record reasons for not only allowing but also for rejecting a discharge petition filed by an accused under Section 245 of the Code of Criminal Procedure. As allowed, the petitioner filed discharge petition again before the trial Court raising all the grounds taken by him before …

S.239 CrPC | Accused Can Be Discharged When Prosecution Materials Even If Unrebutted Don't Indicate Culpability: Orissa High Court
6 days, 2 hours ago

S.239 CrPC | Accused Can Be Discharged When Prosecution Materials Even If Unrebutted Don't Indicate Culpability: Orissa High Court

Live Law  

The Orissa High Court has reiterated that an accused should be discharged when the materials produced at the time of consideration for framing of charge are of such a nature that if remain unrebutted, those would not indicate culpability of the accused whatsoever. When the materials at the time of consideration for framing the charge are of such a nature …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025
1 week, 3 days ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025

Live Law  

Supreme Court: S.156 CrPC v S.175 BNSS | BNSS Mandates Magistrate To Hear Police Officer On Refusal To Register FIR, Ensures Reasoned Order: Supreme Court Case Title: OM PRAKASH AMBADKAR VERSUS THE STATE OF MAHARASHTRA & ORS. Kerala High Court: S.187 BNSS | Default Bail Can Be Granted After 60 Days For Offence Punishable With Imprisonment Which May Extend To …

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 …

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court
Trending News
3 months, 1 week ago

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court

Live Law  

The Supreme Court held that a police official who is accused of lodging a false case cannot claim that he cannot be prosecuted without the sanction under Section 197 of the Code of Criminal Procedure. ".it follows that when a police official is said to have lodged a false case, he cannot claim that sanction for prosecution under Section 197 …

Does Bar U/S 195(1)(a)(i) CrPC Apply To Non-Appearance Of Proclaimed Offender Punishable U/S 174A IPC? Delhi HC Refers Issue To Large Bench
3 months, 1 week ago

Does Bar U/S 195(1)(a)(i) CrPC Apply To Non-Appearance Of Proclaimed Offender Punishable U/S 174A IPC? Delhi HC Refers Issue To Large Bench

Live Law  

A single bench of the Delhi High Court has referred the question of “whether charges under Section 174A of the IPC can be clubbed with charges under Sections 172-188 IPC and whether the court can proceed without a complaint under Section 195 of the Cr.PC”, to a larger bench for consideration. The appellant contended that in the absence of any …

Need To Invoke Kerala Anti-Social Activities Act Must Be Assessed If Proceedings For Peace Keeping U/S 107 CrPC Already Initiated: High Court
4 months, 1 week ago

Need To Invoke Kerala Anti-Social Activities Act Must Be Assessed If Proceedings For Peace Keeping U/S 107 CrPC Already Initiated: High Court

Live Law  

The Kerala High Court has held that when proceedings under Section 107 of the CrPC have already been initiated against an individual, the competent authority must assess whether it was necessary to initiate proceedings under the Kerala Anti-Social Activities Act, 2007 as well to preventively detain or extern the individual. The Division Bench of Justice Raja Vijayaraghavan V and Justice …

Odisha High Court slaps Rs 50,000 fine on firm for suppressing facts
5 months, 3 weeks ago

Odisha High Court slaps Rs 50,000 fine on firm for suppressing facts

New Indian Express  

CUTTACK: The Orissa High Court has imposed a Rs 50,000 fine on a security service firm for filing a petition seeking intervention against Pattamundai municipality’s order terminating contract for providing service of sanitation in different wards without mentioning an earlier petition wherein, he had obtained an interim order. The petition filed by Chandan Security Services represented by Paresh Nath Das …

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 …

Service Of A Government Servant Does Not Qualify For Pension Unless Their Appointment, Duties, And Pay Are Regulated By Or Under The Orders Of The Government: Orissa High Court
11 months, 2 weeks ago

Service Of A Government Servant Does Not Qualify For Pension Unless Their Appointment, Duties, And Pay Are Regulated By Or Under The Orders Of The Government: Orissa High Court

Live Law  

A division bench of the Orissa High Court, comprising Mr. Chakradhari Sharan Singh and Mr. M.S. Background Facts The Respondents were directly appointed employees of the Integrated Tribal Development Agencies and Micro Projects, which come under the ST & SC Development Department of the Government of Odisha. The respondents challenged the said communication before the Orissa Administrative Tribunal, but the …

S.311 CrPC | Successive Pleas To Summon Same Witness Not Barred But Should Be Dealt With Higher Degree Of Circumspect: Punjab & Haryana HC
1 year ago

S.311 CrPC | Successive Pleas To Summon Same Witness Not Barred But Should Be Dealt With Higher Degree Of Circumspect: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has made it clear that a criminal court is well within its judicial discretion under Section 311 of CrPC to summon any person as a witness at any stage of proceedings till such Court is seized of the matter.For context, Section 311 of CrPC empowers Court to summon material witness, or examine person present …

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 …

Andhra Pradesh High Court Rebukes Police Over CrPC 41-A Compliance
1 year, 1 month ago

Andhra Pradesh High Court Rebukes Police Over CrPC 41-A Compliance

Deccan Chronicle  

Vijayawada: The Andhra Pradesh High Court has expressed displeasure over the police failure to comply with the norms of section 41-A of CrPC. A single judge bench of T. Mallikharjuna Rao held a hearing on an anticipatory bail plea of Telugu Desam MLA Yeluri Sambasiva Rao here on Monday over a case booked against him by the Marturu police. Petitioner’s …

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 …

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court
1 year, 5 months ago

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court

Live Law  

The Kerala High Court held that an accused can only be acquitted under Section 256 CrPC when there was a definite conclusion that the complainant does not wish to prosecute the complaint. Dias stated that the Court must not perfunctorily acquit an accused u/s 256 of CrPC. Such power must be exercised judicially and not whimsically or mechanically, the Court …

Orissa High Court Quashes Case Against Odisha Minister Ranendra Pratap Swain Accused Of Obstructing Railway Movement In 2016 Protest
1 year, 6 months ago

Orissa High Court Quashes Case Against Odisha Minister Ranendra Pratap Swain Accused Of Obstructing Railway Movement In 2016 Protest

Live Law  

The Orissa High Court on Monday quashed a criminal case pending against Odisha’s Cabinet Minister of Agriculture & Farm Empowerment Ranendra Pratap Swain who was accused of leading a ‘rail roko’ in 2016 to protest against Chhattisgarh Government’s decision to construct a barrage over river Mahanadi. While granting relief to the senior politician from the ruling party Biju Janata Dal, …

S.444 CrPC | Court Should Not Initiate Criminal Proceedings Against Surety If He Seeks To Discharge Himself: Orissa High Court
1 year, 7 months ago

S.444 CrPC | Court Should Not Initiate Criminal Proceedings Against Surety If He Seeks To Discharge Himself: Orissa High Court

Live Law  

The Orissa High Court has recently held that Courts should not initiate criminal proceedings against sureties if they seek to discharge themselves. Nowhere it is provided that when a surety seeks to discharge himself, the Court concerned shall initiate criminal proceedings against him,” the Court observed. The appellant on receipt of the notice filed his show cause and stated his …

S.362 CrPC | No Court Can Alter Judgement After It Has Attained Finality, Except To Correct Clerical Error: Calcutta High Court Reiterates
1 year, 8 months ago

S.362 CrPC | No Court Can Alter Judgement After It Has Attained Finality, Except To Correct Clerical Error: Calcutta High Court Reiterates

Live Law  

The Calcutta High Court recently dismissed a criminal application for modification of Judgement, and held that no judgement or final order pronounced by a Court can be altered or reviewed, once it has been signed, except to correct a clerical or arithmetic error. In view of the clear provision of Section 362, the High Court has no jurisdiction under Section …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 9 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

Live Law  

The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

Orissa High Court Criticizes Special NDPS Court For Denying Bail Despite Production Of Accused After More Than 24 Hrs
1 year, 9 months ago

Orissa High Court Criticizes Special NDPS Court For Denying Bail Despite Production Of Accused After More Than 24 Hrs

Live Law  

The Orissa High Court has criticised police for showing lackadaisical attitude in not producing before the Court some persons arrested under the stringent provisions of the NDPS Act, within the statutory period of 24 hours. Therefore, it held that the petitioners must be deemed to have been arrested around 5 PM on October 27, 2022 and thus, they ought to …

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 …

S. 311 CrPC | Orissa High Court Allows Recall Of Witness 26 Yrs After He Was Cross-Examined & Discharged
1 year, 11 months ago

S. 311 CrPC | Orissa High Court Allows Recall Of Witness 26 Yrs After He Was Cross-Examined & Discharged

Live Law  

The Orissa High Court has recently allowed a petition filed under Section 311 of the Code of Criminal Procedure after a delay of ‘26 years’ for recalling a witness who was cross-examined and discharged in 1997. Having regard to the fundamental principles enshrined in the Constitution of India, this Court would rather lean in favour of the latter than the …

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court
2 years ago

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court

Live Law  

The Supreme Court reiterated the though exercise of jurisdiction under Section 319 of the Code of Criminal Procedure is discretionary, it ought to be done only where strong and cogent evidence occurs against a person from the evidence before the Court. filed by a complainant for summoning of the appellant as an additional accused, a Bench comprising Justice AS Oka …

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police
2 years, 1 month ago

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police

Live Law  

The Karnataka High Court has quashed an order of the sessions court allowing an application made by the prosecution under section 319 of the Criminal Procedure Code, permitting it to arraign a person as accused whom the police had earlier given clean chit in investigation. Post investigation the police filed a charge sheet for the offence punishable under Section 323, …

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court
2 years, 2 months ago

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court

Live Law  

The Supreme Court has reiterated that Section 300 CrPC bars the trial of a person not only for the same offence but also for any other offence on the same facts.The court was hearing a Criminal Appeal that was filed assailing the judgment and order passed by the High Court of Kerala in Criminal Appeal Nos. The Supreme Court has …

Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court
2 years, 4 months ago

Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court

Live Law  

The Supreme Court reiterated that the power of a court under Section 319 CrPC is a discretionary and extraordinary power which should be excercised sparingly.The crucial test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, …

Orissa High Court Monthly Digest: August 2022 [Citations 117-129]
2 years, 5 months ago

Orissa High Court Monthly Digest: August 2022 [Citations 117-129]

Live Law  

Babita Satpathy @ Mishra v. Sitanshu Kumar Dash & Ors., 2022 LiveLaw 117 Dr. Satya Narayan Bhujabala & Anr. v. State of Odisha Citation: 2022 LiveLaw 120 The Orissa High Court denied to discharge a number of persons accused of forcefully entering and causing damage to properties at the official residence of Mr. V.K. Section 5 Limitation Act Application Not …

Orissa High Court Half-Yearly Digest: January-June 2022 [Citations 1-107]
2 years, 6 months ago

Orissa High Court Half-Yearly Digest: January-June 2022 [Citations 1-107]

Live Law  

Nominal Index : 1. TPCL Is 'Authority' Under Article 226; Electricity Distribution Companies Discharging Public Duty Amenable To Writ Jurisdiction: Orissa High Court Case Title: Surendra Kumar Sahoo v. State of Odisha Citation: 2022 LiveLaw 5 The Court held that the Tata Power Company Limited is an "authority" within the meaning of Article 226 of the Constitution of India. Case …

S.200 CrPC | Magistrate Can Implead Co-Accused Even After Taking Cognizance Of Crime & Committal To Competent Court: MP High Court
2 years, 6 months ago

S.200 CrPC | Magistrate Can Implead Co-Accused Even After Taking Cognizance Of Crime & Committal To Competent Court: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that a JMFC who had taken cognizance of a matter and committed the same to sessions court, can also entertain an application under Section 200 CrPC later, to implead other co-accused in the same crime. Disagreeing with the observations of JMFC, the sessions court set aside the order of rejection and …

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court
2 years, 6 months ago

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court held that a petition under Section 482 CrPC is maintainable as the Court below was erroneous in passing orders under Section 451 CrPC to freeze amounts in petitioner's account which had no reasonable connection with any commission of an offence. The Court relied on the Supreme Court decision in Prabhu Chawla …

Cases Of Civil Nature Can Be 'Quashed' In Interest Of Justice: Gujarat High Court Reiterates Distinction B/w Sections 320 & 482 CrPC
2 years, 7 months ago

Cases Of Civil Nature Can Be 'Quashed' In Interest Of Justice: Gujarat High Court Reiterates Distinction B/w Sections 320 & 482 CrPC

Live Law  

While allowing a revision application under Section 397 of CrPC seeking quashing of a judgement convicting the Petitioner under Section 138 of Negotiable Instruments Act, the Gujarat High Court reiterated the distinction between Sections 482 and Sec 320 of the Code. It reiterated: "In compounding of offences, power of a criminal court is circumscribed by the provisions contained in Section …

S.226 - 228 CrPC Meant To Ensure Expeditious Disposal Of Criminal Case, Parties Must Not Indulge In Dilatory Tactics: Gujarat High Court
2 years, 7 months ago

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

Live Law  

The Gujarat High Court has recently dismissed a revision petition seeking reconsideration of application filed by Petitioner-Accused under Section 227 CrPC for discharge from a murder and assault case. The Bench comprising Justice Samir Dave noted that the charge and framing of charge have been deferred time and again due to several applications moved by the petitioner along with co-accused …

Reasonable Connection Between Concerned Act & Performance Of Official Duty Necessary For Public Servant To Avail Benefit Of S.197 CrPC: Gujarat HC
2 years, 9 months ago

Reasonable Connection Between Concerned Act & Performance Of Official Duty Necessary For Public Servant To Avail Benefit Of S.197 CrPC: Gujarat HC

Live Law  

The Gujarat High Court has reiterated that when a government servant is accused of a criminal offence, there has to be a reasonable connection between the act concerned and the performance of his official duty for him to claim that there is need of sanction to prosecute under Section 197 of CrPC. Significantly, to address the contentions of the Applicant …

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court
3 years ago

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court

Live Law  

The Orissa High Court has held that a person cannot be removed from his service without complying the relevant statutory pre-requirements. A Single Judge Bench of Justice Sashikanta Mishra held, "Therefore, notwithstanding the fact that the petitioner can be prima-facie held guilty of disobeying the orders of the authority by remaining continuously absent for more than five years, yet he …

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court
3 years ago

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court

Live Law  

The Supreme Court reiterated that the power under Section 319 of the Code of Criminal Procedure is a discretionary and extraordinary power which should be exercised sparingly. "The crucial test to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the …

S 160 CrPC Must Apply Even To Investigations Carried Out By CBI: Calcutta High Court
3 years, 1 month ago

S 160 CrPC Must Apply Even To Investigations Carried Out By CBI: Calcutta High Court

Live Law  

In a significant judgment delivered on Thursday, the Calcutta High Court has observed that the territorial limitations as envisaged under Section 160 CrPC must apply even to investigations being carried out by the Central Bureau of Investigation.The Court had accordingly directed the CBI to not take any coercive measures against Trinamool Congress Birbhum district president Anubrata. In a significant judgment …

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 …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 5 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
3 years, 6 months ago

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

Live Law  

The Kerala High Court on Wednesday held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Accordingly, reliance was placed on Amrik Singh v. State of Pepsu where it was held as …

Scope And Ambit Of Powers Of Court Under Section 319 CrPC: Supreme Court Summarizes Principles
3 years, 6 months ago

Scope And Ambit Of Powers Of Court Under Section 319 CrPC: Supreme Court Summarizes Principles

Live Law  

The Supreme Court, in a judgment delivered on Tuesday, summarized the scope and ambit of the powers of the Court under Section 319 of the Code of Criminal Procedure.Even in a case where the stage of giving opportunity to the complainant to file a protest petition urging upon the trial Court to summon other persons as well as who were …

SC Issues Notice On Plea Seeking Clarification On The Issue Of Applicability Of Extended Limitation Period On Section 167(2) CRPC
4 years, 9 months ago

SC Issues Notice On Plea Seeking Clarification On The Issue Of Applicability Of Extended Limitation Period On Section 167(2) CRPC

Live Law  

The Supreme Court on Monday issued notice on an an application seeking a clarification that the earlier order of top court extending the limitation period with effect from March 15 does not cover the time limit prescribed under Section 167 of the Code of Criminal Procedure for grant of bail.A bench of Chief Justice SA Bobde, Justices AS Bopanna & …

If Sanction Is Granted On Same Facts, Then Court Has Power To Add/ Alter Charge: Calcutta HC [Read Judgment]
7 years, 9 months ago

If Sanction Is Granted On Same Facts, Then Court Has Power To Add/ Alter Charge: Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court has observed that if any sanction has been granted for prosecution on the same facts, the court has the power to add or alter the charge in respect of a specific offence, despite no specific sanction being there in respect of the offence for which charge is contemplated to be added/ altered.Justice Siddhartha Chattopadhya was dealing …

Prashant Bhushan writes to PM opposing Justice CK Prasad’s appointment as PCI Chairman; alleges misuse of position as a Judge
10 years, 3 months ago

Prashant Bhushan writes to PM opposing Justice CK Prasad’s appointment as PCI Chairman; alleges misuse of position as a Judge

Live Law  

The activist lawyer Prashant Bhushan, in his capacity as the Convener of ‘the Campaign for Judicial Accountability and Reforms’, has written a letter to Prime Minister Narendra Modi, requesting the cancellation of appointment of Justice C.K. The letter alleges that Justice Prasad is “nota fit person to be appointed as the chairman of PCI since he has misused his position …

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