1 year ago

HC dismisses IPS officer Ashish Kapoor’s plea seeking transfer of case to another judge

The Punjab and Haryana high court has dismissed a plea from IPS officer, Ashish Kapoor, who had challenged a Mohali court order granting pardon to an accused cop and making him an approver against him in a ₹1 crore bribery case. Singh was initially booked with Kapoor an assistant inspector general level officer, on October 6, 2023, as an accused for taking a bribe of ₹1 crore through different cheques from a woman. The bench of justice Anoop Chitkara dismissed the plea observing that the Prevention of Corruption Act is a special Act, and in Section 5 of the PC Act, it has been explicitly mentioned that provisions of CrPC shall apply so far as they are not inconsistent with this Act. Section 306 of the CrPC deals with the tender of pardon by the court to an accused and further mandates that once the court has granted the pardon, it would transfer the case for trial to another judge.

Court Section 306 Kapoor Singh Act Ips Crpc Ips Officer plea officer court judge singh transfer hc act pc kapoor seeking dismisses crpc kapoors case pardon ips special

History of this topic

2 months, 2 weeks 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 …

3 months, 2 weeks 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 …

7 months, 1 week ago

HC stays execution of sentence given to AAP MP Sanjay Singh

Hindustan Times

Lucknow The Lucknow bench of the Allahabad high court on Thursday stayed execution of the sentence awarded to AAP MP Sanjay Singh in a criminal case till further orders, subject to furnishing a personal bond of Rs. Justice Karunesh Singh Pawar passed the order admitting a criminal revision moved by Sanjay Singh challenging the trial court and the appellate court’s …

1 year, 1 month ago

Andhra Pradesh High Court raps police dept for not complying with CrPC Section 41(A)

New Indian Express

VIJAYAWADA : The Andhra Pradesh High Court on Monday took a serious view of the police not adhering to CrPC Sec 41 in the cases that are punishable with less than seven years imprisonment. Hearing the anticipatory bail plea of TDP MLA Eluri Sambasiava Rao, fearing arrest by police based on the complaint form mining department assistant director Balaji Naik, …

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 …

1 year, 2 months ago

Chandrababu Naidu Case : Why Supreme Court Judges Differed On Retrospective Application Of Section 17A Prevention Of Corruption Act?

Live Law

In the petition filed by former Andhra Pradesh Chief Minister Chandrababu Naidu, the Supreme Court has delivered a split verdict on the retrospective application of Section 17A of the Prevention of Corruption Act, 1988 to offences which existed before the 2018 amendment, which inserted Section 17A. Section 17A was introduced by an amendment with effect from July 26, 2018, and …

1 year, 3 months ago

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC

Live Law

Rajasthan High Court has recently allowed a third bail application under S.439 CrPC filed by a person accused of providing confidential military information to Pakistan, after elaborately discussing the application of Sections 437 and Section 436A CrPC. Section 437 CrPC stipulates that when the trial for a non-bailable offence before the Magistrate is not concluded within 60 days from the …

1 year, 4 months ago

Section 306(4) CrPC Allows Approver's Bail Before Trial Completion on Meeting Pardon Conditions

Live Law

An approver who has complied with all conditions of pardon and deposed as a witness in the prosecution's favor need not remain incarcerated till the end of the trial and would be entitled to bail, especially in case of a protracted trial, the Bombay High Court held. “In my opinion, now that the applicant has complied with the conditions and …

1 year, 5 months ago

Bill to replace CrPC: Panel may propose no handcuffs in financial crimes

Hindustan Times

The parliamentary standing committee on home affairs is likely to suggest that economic offenders not be handcuffed while being taken into custody as part of its recommendations into the Bharatiya Nagrik Suraksha Sanhita that seeks to replace the British-era Code of Criminal Procedure, people aware of developments said on Tuesday. The BNSS was part of three bills – the Bharatiya …

1 year, 9 months ago

Accused Can Challenge Trial Court's Rejection Of Prosecution’s Application For Pardon: Punjab & Haryana High Court

Live Law

The Punjab and Haryana High Court recently held that an accused has the locus standi to challenge the rejection of an application filed by prosecution under Section 306 CrPC seeking pardon. “An accused does have a right to move an application independently to the trial Court under Section 306 Cr.P.C. While observing that there is sufficient evidence against the accused …

1 year, 11 months ago

S.306 CrPC No Bar On High Court To Invoke Its Powers U/S 482 And Admit An Approver On Bail: Jammu & Kashmir High Court

Live Law

The Jammu and Kashmir and Ladakh High Court recently reiterated that in terms of Sec 306 CrPC bail to approver who is in custody cannot be granted, however, in an appropriate case High Court can release the approver on bail in exercise of its inherent powers under Section 482 CrPC. The observations were made by Justice Mohan Lal while hearing …

2 years ago

HC sets aside ACB special court order in multi-crore skill development scam

Deccan Chronicle

VIJAYAWADA: The Andhra Pradesh High Court on Thursday set aside the order of the ACB special court rejecting a CID plea for remand of the former employee, G.V.S. The remand had been sought for questioning Bhaskar on his alleged involvement in the multi-crore AP Skill Development Corporation scam. A single judge HC bench of Justice Bhanumathi heard the revision petition …

2 years, 2 months ago

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC

Live Law

The Delhi High Court has observed that there is no bar to file anticipatory bail under section 438 of CrPC in an FIR registered under section 376 of Indian Penal Code, 1860 when the alleged incident happened prior to introduction of the Criminal Law Act, 2018.Justice Jasmeet Singh made the observation while denying anticipatory bail to a father accused of …

2 years, 6 months ago

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case

Live Law

The Delhi High Court has stayed a Trial Court order recommending suspension of SHO of Kalkaji Police Station and also calling for strict disciplinary action against him, over his non appearance and failure to produce victim in a case registered under Protection of Children from Sexual Offences Act.Justice Anoop Kumar Mendiratta stayed the order till November 25, observing that. The …

2 years, 7 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

Live Law

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

2 years, 9 months ago

Sections 4 And 5 Of CrPC Do Not Apply To Offences Under IPC: Allahabad High Court

Live Law

The Allahabad High Court has held that the provisions of Sections 4 and 5 of the CrPC do not apply to offencs committed under the Indian Penal Code and that these provisions are applicable when any special act comes into operation.The Division Bench of Justice Kaushal Jayendra Thaker and justice Gautam Chowdhary passed this order while hearing a petition filed …

2 years, 9 months ago

Convict's Sentence Enhanced My Modifying Trial Court Judgment Under Reader's Signature: Punjab & Haryana HC Asks Appellate Court To Conduct Inquiry

Live Law

Punjab and Haryana High Court recently came across a case where the original order of conviction passed by the Trial Court was modified under the signature of the Reader of the Court, during the pendency of an appeal preferred by the convict against the said judgment, thereby enhancing the sentence of the convict from 2 months to two years. However, …

2 years, 10 months ago

Section 167(2) CrPC- Investigating Agency Can't Curtail Accused' Right To Default Bail By Invoking Graver Charges: Bombay High Court

Live Law

The Bombay High Court has made it clear that an investigating agency cannot thwart the right to default bail of an accused by merely invoking graver charges. Justice CV Bhadang observed, The question arose as the charge under Section 409 IPC, which would extend the period of investigation to 90 days, was added against the accused days before expiry of …

2 years, 11 months ago

Centre initiates process to amend IPC, CrPC, Evidence Act in consultation with stakeholders

Firstpost

The Parliamentary Standing Committee on Home Affairs in its 146th report had recommended that there is a need for a comprehensive review of the criminal justice system of the country New Delhi: Seeking to make comprehensive changes in criminal laws to provide affordable and speedy justice and create a people-centric legal structure, the government has initiated the process to amend …

3 years, 1 month ago

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Live Law

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 and 498-A read with Section 34 of IPC, based on a compromise between the parties involved. Vs. Deepak the Hon'ble Apex Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the …

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 …

3 years, 3 months ago

Gujarat High Court Quashes Criminal Proceedings Against Hardik Patel For Taking Out A Public Rally Sans Permission

Live Law

The Gujarat High Court on Wednesday quashed the complaint and the charge sheet against Congress leader Hardik Patel in connection with a rally which he took out in the year 2017 sans police permission.The Bench of Justice Gita Gopi was hearing a 482 CrPC application filed by Patel who sought quashing of the complaint registered with the police station for …

3 years, 7 months ago

Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC

Live Law

The Supreme Court observed that the trial of the criminal case against an Indian citizen for offences committed outside India cannot commence without sanction of the Central Government under Section 188 of the Code of Criminal Procedure.But such previous sanction is not required at the stage of cognizance, the bench comprising Justices L. Nageswara Rao and Aniruddha Bose said.In this …

4 years ago

Section 195(1)(b)(i) CrPC Does Not Bar Prosecution By Investigating Agency For Offence U/s193 IPC Committed During Investigation Stage

Live Law

The Supreme Court held that the prosecution by the investigating agency for offence punishable under Section 193 IPC committed during the stage of investigation will not be barred under Section 195 CrPC if the investigating agency has lodged complaint or registered the case prior to commencement of proceedings and production of. The Supreme Court held that the prosecution by the …

4 years, 7 months ago

Charge Under IPC Can Continue Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming: SC [Read Order]

Live Law

The Supreme Court has observed that the charge against an accused for offence punishable under the Indian Penal Code can continue irrespective of the fact that sanction in respect of offence punishable under Prevention of Corruption Act,is not forthcoming.The bench comprising of Justice AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna agreed with the view taken by Jharkhand High Court. The …

5 years ago

Repealed PC Act proviso: CBI court may have to wait for SC to adjudicate

Hindustan Times

The Supreme Court will adjudicate the contentious issue of legitimacy of the repealed Section 13 of the Prevention of Corruption Act invoked in numerous criminal cases including land-related matters involving former Haryana chief minister Bhupinder Singh Hooda and several former civil servants as accused. HT Image A special CBI court in Panchkula hearing charges in the Manesar land release case …

5 years, 7 months ago

Prosecution For Offence Of "Waging War Against India" Will Not Stand Without Sanction U/S 196 CRPC: Allahabad Quashes Life Term Of Pak Citizen

Live Law

The Allahabad High Court has held that prior government sanction under Section 196 of CrPC is mandatory to take cognizance of offences like Section 121-123 IPC and it thereby set aside the order of conviction and sentence of life imprisonment imposed on a Pakistani Jais-E-Mohommad Terrorist group member and another Indian citizen, for want of such sanction. Appellant's Contentions The …

7 years, 2 months ago

Police Verification Report Sparks Legal Battle Over Civil Judge Selection

Live Law

The Bombay High Court has dismissed a petition filed by Mohammad Imran, who challenged the cancellation of his selection to the post of Civil Judge Junior Division and Judicial Magistrate First Class citing an unfavourable police verification report. The bench of Justice Vasanti Naik and Justice Sarang Kotwal found that Imran was acquitted in the criminal case and that the …

7 years, 2 months ago

Bombay HC Upholds State’s Decision To Cancel Selection Of Man For Post Of JMFC As He Was Tried For Serious Offences [Read Order]

Live Law

The Bombay High Court recently dismissed a petition filed by one Mohammad Imran, who challenged the cancellation of his selection to the post of Civil Judge Junior Division and Judicial Magistrate First Class citing an unfavourable police verification report.The bench of Justice Vasanti Naik and Justice Sarang Kotwal was hearing the case.Case BackgroundThe petitioner was selected after giving. The Bombay …

7 years, 7 months ago

Bombay HC Sets Aside Conviction In 26-yr-old Murder Case [Read Judgment]

Live Law

Partly allowing a criminal appeal filed by one Parshuram Shankar Kamble, the Bombay High Court has set aside his murder conviction and held him guilty under Section 304 of the Indian Penal Code and sentenced him to 10 years’ imprisonment.However, Kamble’s lawyers argued that their client has already under gone the sentence awarded, as he. Partly allowing a criminal appeal …

7 years, 7 months ago

Bombay HC Sets Aside Conviction In 26-yr-old Murder Case [Read Judgment]

Live Law

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 …

7 years, 10 months ago

MP HC Acquits Man 10 Years After His Death [Read Order]

Live Law

In an important order, a single bench of Madhya Pradesh High Court has acquitted a deceased person from charges under sections 294 and 506 II of IPC due to lack of evidence.Imart Singh had filed a criminal revision in the high court challenging his conviction under these sections of IPC.He died on 25.6.2006, while his criminal revision was pending in …

9 years, 4 months ago

The Court should decide whether previous sanction (S.197 CrPC) is necessary or not, before taking Cognizance; SC quashes Criminal Proceedings against ICMR Officials

Live Law

Since the allegations made against the Appellants in the final report filed by the respondent that the alleged offences were committed by them in discharge of their official duty, therefore, it was essential for the learned Special Judge to correctly decide as to whether the previous sanction from the Central Government under Section 197 of CrPC was required to be …

9 years, 4 months ago

The Court should decide whether previous sanction (S.197 CrPC) is necessary or not, before taking Cognizance; SC quashes Criminal Proceedings against ICMR Officials

Live Law

9 years, 9 months ago

Maharashtra Cabinet approves amendments to Cr.P.C barring registration of FIR against MLA’s and Bureaucrats without Sanction

Live Law

In a controversial decision, the Maharashtra Cabinet decided to amend Code of Criminal Procedure 1973 to bar registration of FIR against a 'public representative' without the sanction of a competent authority.With the amendments to the Section 156 and 190 of the Code of Criminal procedure, police will not be able to register an FIR against an MLA or a civil …

10 years, 1 month ago

Proposal to elevate Bombay High Court Chief Justice Mohit Shah is strange and shocking; Prashant Bhushan

Live Law

Reacting to Senior Advocate Dushyant Dave’s letter to Chief Justice of India against the proposal to elevate Bombay High Court Chief Justice Mohit Shah, Activist lawyer Prashant Bhushan told Live Law that "The reported proposal to elevate Justice Mohit Shah to the Supreme Court is strange and shocking in the light of his reported rejection by the previous collegium on …

10 years, 2 months ago

‘Law Commission to examine all aspects of Criminal Law’, Section 437A CrPC remains on the statute book

Live Law

"Recommendation in regard to amendments in the CrPC is pending before the Law Commission of India and it has been requested to examine and give its findings on all aspects of criminal law.," submitted the Additional Solicitor General Mr. Sanjay Jain to the Delhi High Court which was hearing a petition pertaining to a provision, i.e. Section 437A of Criminal …

10 years, 2 months ago

‘Law Commission to examine all aspects of Criminal Law’, Section 437A CrPC remains on the statute book

Live Law

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