If The De Facto Complainant Has Right To Appeal, Why Can’t He Seek Further Investigation? SC Larger Bench To Examine [Read Order]
6 years, 10 months ago

If The De Facto Complainant Has Right To Appeal, Why Can’t He Seek Further Investigation? SC Larger Bench To Examine [Read Order]

Live Law  

The Supreme Court on Monday has referred to a larger bench to examine whether a criminal court is competent to direct further investigation at the instance of de-facto complainant, in the light of 2009 amendment of the Code of Criminal Procedure that created a right of appeal in favour of a victim.In this case, the Supreme Court was hearing a Special Leave Petition filed against the Bombay. The Supreme Court on Monday has referred to a larger bench to examine whether a criminal court is competent to direct further investigation at the instance of de-facto complainant, in the light of 2009 amendment of the Code of Criminal Procedure that created a right of appeal in favour of a victim. In this case, the Supreme Court was hearing a Special Leave Petition filed against the Bombay High Court that had dismissed plea seeking further investigation relying on an apex court judgment in Reeta Nag v State of West Bengal. In Reeta Nag case, it was held that the Criminal Court is not competent to direct further investigation at the instance of the de-facto complainant.

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History of this topic

Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC
1 week, 3 days ago

Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC

Live Law  

The Kerala High Court stated that Writ Court shall not reappreciate evidence in disciplinary proceedings while exercising powers under Article 226 or 227 of the Constitution. The Court stated thus, “It is trite that in disciplinary proceedings, the High Court, in exercise of power under Article 226 or 227 of the Constitution of India, shall not venture into reappreciation of …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025
1 week, 5 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 …

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC
2 weeks, 4 days ago

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC

Live Law  

The Kerala High Court has reiterated that an accused has no absolute right to seek further investigation or to dictate the terms of investigation or to state that the investigation must go in a particular manner. Court said, “While analysing the question of law as to whether an accused has an absolute right to seek for further investigation, in fact, …

Supreme Court Weekly Round-up: February 03, 2025 To February 09, 2025
1 month, 1 week ago

Supreme Court Weekly Round-up: February 03, 2025 To February 09, 2025

Live Law  

Nominal Index Citations Rimpa Saha v. District Primary School Council Malda 2025 LiveLaw 143 Lok Prahari through its General Secretary v. Union of India 2025 LiveLaw 144 Rajeev Suri v. Archaeological Survey of India & Ors., Special Leave to Appeal No.12213/2019 2025 LiveLaw 145 State of Madhya Pradesh v. Dileep 2025 LiveLaw 146 Bhupinder Singh v. Unitech Ltd., Civil Appeal …

Further Investigation Can Be Directed Even After Filing Of Chargesheet & Commencement Of Trial : Supreme Court
1 month, 2 weeks ago

Further Investigation Can Be Directed Even After Filing Of Chargesheet & Commencement Of Trial : Supreme Court

Live Law  

The Supreme Court recently reiterated that further investigation can be directed even after the chargesheet has been filed and the trial has commenced. After perusing the material on record, the Bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta opined that the High Court had grossly erred while directing a fresh investigation. “On going through the material placed on …

Magisterial Inquiry Before Ordering FIR An Additional Safeguard U/Section 175(3) BNSS, Prevents Unnecessary Police Use: Punjab & Haryana HC
1 month, 2 weeks ago

Magisterial Inquiry Before Ordering FIR An Additional Safeguard U/Section 175(3) BNSS, Prevents Unnecessary Police Use: Punjab & Haryana HC

Live Law  

The Punjab & Haryana has observed that Section 175 of BNSS has introduced additional safeguards ensuring that before directing the registration of an FIR, the Magistrate is required to conduct such inquiry as deemed necessary and consider the submissions made by the police officer. Justice Harpreet Singh Brar said, "Furthermore, Section 175 of BNSS has introduced additional safeguards ensuring that …

Appeals Of Accused & Victims Under NIA Act Can't Be Dismissed On Ground That Delay Can't Be Condoned Beyond 90 Days : Supreme Court
1 month, 3 weeks ago

Appeals Of Accused & Victims Under NIA Act Can't Be Dismissed On Ground That Delay Can't Be Condoned Beyond 90 Days : Supreme Court

Live Law  

The Supreme Court today directed that appeals filed by accused or victims in matters under the National Investigation Agency Act 2008 would not be dismissed on reason that delay beyond a period of 90 days cannot be condoned. The bench of CJI Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan was hearing a batch of pleas challenging S. 21 …

RG Kar case victim's parents withdraw plea for fresh investigation
Trending News
1 month, 3 weeks ago

RG Kar case victim's parents withdraw plea for fresh investigation

Deccan Chronicle  

The parents of the victim in the RG Kar rape-murder case have withdrawn their plea seeking a fresh investigation before the Supreme Court. The victim’s parents had filed their plea as an Intervention Application in the suo motu case taken up by the Supreme Court in August last year, shortly after the incident occurred. The Court further suggested that a …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
2 months, 3 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 …

Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case
2 months, 3 weeks ago

Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case

Live Law  

The Gujarat High Court on Monday called for a detailed explanation from a judicial officer–of the rank of a sessions judge, after "prima facie" taking note of a plea making "serious allegations" about the officer's conduct while hearing proceedings in a forgery and cheating case. The order was passed in a plea wherein the petitioner had sought transfer of proceedings …

100 Important Supreme Court Judgments- Part 3 [51 to 75]
2 months, 3 weeks ago

100 Important Supreme Court Judgments- Part 3 [51 to 75]

Live Law  

Case Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw 486 In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities Act, 1967, the Supreme Court held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy …

Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881
2 months, 3 weeks ago

Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881

Live Law  

Director of the company not responsible for its day-to-day affairs cannot be held liable for dishonour of cheque. Prem Raj v. Poonamma Menon, 2024 LiveLaw 272 : 6 SCC 143 Section 138 – Dishonouring of cheque – Held, existence of any “enforceable debt or other liability” not found. Raj Reddy Kallem v. State of Haryana, 2024 LiveLaw 336 Section 147 …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
3 months, 2 weeks ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court
3 months, 2 weeks ago

Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court

Live Law  

The Patna High Court Bench of Justice Sandeep Kumar has held that the findings of the Calcutta High Court cannot be challenged in the Courts at Patna. Also, the court held that on the question of jurisdiction the Calcutta High Court has already given categorical findings rejecting the objections raised of the petitioner. Thereafter, the court affirmed the findings of …

Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court
3 months, 3 weeks ago

Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court

Live Law  

The Patna High Court stated that the Appellate Authority has a duty and an obligation to examine grounds raised by assessee in memorandum of appeal and decide issue on merits even if appeal is filed ex parte. The Bench consisting of Chief Justice K. Vinod Chandran and Justice Partha Sarthy, stated that “the Appellate Authority even while considering the appeal …

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 …

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 Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
4 months ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

NEET UG 2024 row: SC issues notice on NTA pleas seeking transfer of case in Rajasthan HC to top court
8 months, 1 week ago

NEET UG 2024 row: SC issues notice on NTA pleas seeking transfer of case in Rajasthan HC to top court

India TV News  

The Supreme Court on Monday issued notice on the petitions filed by the National Testing Agency, which sought the transfer of pending cases before the Rajasthan High Court, related to the NEET-UG 2024 examination. The Supreme Court had also asked the CBI, the Central government and the NTA to file affidavits and listed the matter on July 11. Later on …

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024
8 months, 3 weeks ago

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024

Live Law  

Nominal Index: State Vs Raj Kumar 2024 LiveLaw 166 Yunius Hussain Vs UT of J&K 2024 LiveLaw 167 Manzoor Hussain Vs UT Of J&K 2024 LiveLaw 168 ABDUL ROUF SHAH Vs ATIQA HASSAN & OTHERS 2024 LiveLaw 169 Vinod Kumar Vs Somi Devi 2024 LiveLaw 170 Sunil Kumar Vs Department of Agriculture J&K 2024 LiveLaw 171 NAZIR AHMAD DAR & …

NEET UG 2024: Calcutta High Court Asks Candidate Who Lost Time Due To Torn OMR Sheet To Approach Supreme Court For Re-Test
9 months ago

NEET UG 2024: Calcutta High Court Asks Candidate Who Lost Time Due To Torn OMR Sheet To Approach Supreme Court For Re-Test

Live Law  

The Calcutta High Court on Friday asked a candidate who had approached the Court for a re-test due to having lost around 1.5 hours of her exam as a result of a torn OMR sheet, to approach the Supreme Court.A single bench of Justice Jay Sengupta held:It is an admitted fact that there was some damage in the OMR sheet …

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court
10 months, 2 weeks ago

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court

Live Law  

The Supreme Court on Wednesday held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him. Affirming the decision of the High Court and Trial Court, the bench comprising Justices BR Gavai and Sandeep Mehta declined to aside the conviction of the accused merely because …

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 …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
1 year ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

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 …

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 …

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal
1 year, 1 month ago

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal

Live Law  

The Andhra Pradesh High Court has dismissed a second appeal filed holding that the parties cannot blow 'hot and cold' and cannot be permitted to 'approbate or reprobate' at the same time. The order was passed by Justice B.V.L.N Chakravarthi in a second appeal filed by the defendants in a suit for partition by taking a contradictory stand to their …

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

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 …

Madras High Court calls for details of cases pending against all MPs/MLAs across Tamil Nadu
1 year, 3 months ago

Madras High Court calls for details of cases pending against all MPs/MLAs across Tamil Nadu

The Hindu  

The Madras High Court on Monday directed the State government to submit complete details regarding the number of criminal cases pending against MPs and MLAs in the State, the courts in which they are pending and the stage of the proceedings before those courts. First Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy asked Advocate …

Supreme Court Rejects Abhishek Banerjee's Plea To Gag Media From Reporting Calcutta HC Hearing In Recruitment Scam Case
1 year, 3 months ago

Supreme Court Rejects Abhishek Banerjee's Plea To Gag Media From Reporting Calcutta HC Hearing In Recruitment Scam Case

Live Law  

The Supreme Court on Friday declined Trinamool Congress leader Abhishek Banerjee's request for a gag order restraining media coverage of the proceedings before a single judge of the Calcutta High Court monitoring the probe into an alleged multi-tier recruitment scam in the state. During today's hearing, Senior Advocate Gopal Sankaranarayanan pressed for a 'suspension of reportage', arguing – “Certain remarks …

Supreme Court Refuses To Entertain CBI's Challenge To HC Stay Of Probe Against DK Shivakumar, Asks HC To Decide In 2 Weeks
1 year, 4 months ago

Supreme Court Refuses To Entertain CBI's Challenge To HC Stay Of Probe Against DK Shivakumar, Asks HC To Decide In 2 Weeks

Live Law  

The Supreme Court Friday refused to entertain the plea by the Central Bureau of Investigation challenging Karnataka High Court's decision to stay an investigation against Deputy Chief Minister DK Shivakumar in a disproportionate assets case. However, the Court requested the High Court to consider the application filed by the CBI for vacating the stay granted and the appeal pending before …

PMLA Judgment Review Hearing : Live Updates From Supreme Court
1 year, 5 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

PMLA Judgment Review Hearing : Live Updates From Supreme Court
1 year, 5 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

PMLA Judgment Review Hearing : Live Updates From Supreme Court
1 year, 5 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

PMLA Judgment Review Hearing : Live Updates From Supreme Court
1 year, 5 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

PMLA Judgment Review Hearing : Live Updates From Supreme Court
1 year, 5 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

[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 …

Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination
1 year, 6 months ago

Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination

Live Law  

The Calcutta High Court has refused to quash criminal proceedings against a Branch Manager of Standard Chartered bank who had been accused u/s 506 and 509 of the IPC for allegedly threatening an employee who had approached the Labour forum against illegal termination of service. Complainant submitted that the petitioner had threatened her to withdraw her case before the labour …

SC Refers Sedition Law Validity Case to Larger Bench
1 year, 6 months ago

SC Refers Sedition Law Validity Case to Larger Bench

News 18  

The Supreme Court on Tuesday referred the case regarding the Constitutional validity of sedition law to a larger bench. On August 11, in a landmark move to overhaul colonial-era criminal laws, the Centre had introduced in the Lok Sabha three bills to replace the IPC, CrPC and the Indian Evidence Act, proposing among other things the repeal of sedition law …

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court
1 year, 6 months ago

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court

Live Law  

The Kerala High Court has held that the power of a revisional court under Section 397 to 401 of the Criminal Procedure Code, 1973 cannot be equated to that of an Appellate Court. “Unless the finding of the court, whose decision is sought to be revised, is shown to be perverse or untenable in law or is grossly erroneous or …

Section 202(1) CrPC - Magistrate Has To Examine Witnesses Named In The Complaint Before Dismissing The Complaint U/Sec 203 CrPC : Supreme Court
1 year, 7 months ago

Section 202(1) CrPC - Magistrate Has To Examine Witnesses Named In The Complaint Before Dismissing The Complaint U/Sec 203 CrPC : Supreme Court

Live Law  

The Supreme Court observed that a Magistrate CrPC) has to consider the statements of the complainant and his witnesses before dismissing the complaint under Section 203 CrPC.In this case, a complaint was filed before the Magistrate against an accused alleging offences punishable under Sections 323, 342, 500, 504, 506, 295-A, 298, 427. The Supreme Court observed that a Magistrate CrPC) …

Criminal Court Can't Review Its Orders In Garb Of Modification/ Clarification: Sikkim High Court
1 year, 8 months ago

Criminal Court Can't Review Its Orders In Garb Of Modification/ Clarification: Sikkim High Court

Live Law  

The Sikkim High Court has recently asserted that a judgment passed by a criminal court cannot be revised, reopened, or reversed through an application for modification/clarification. A bench comprising Justice Bhaskar Raj Pradhan was hearing an application filed by ED's Joint Director after nearly eight years of passing of the judgment dated 22.09.2015, seeking modification/ clarification. While informing that the …

BREAKING | Supreme Court To Hear TMC MP Abhishek Banerjee's Appeal Against CBI Notice In School Jobs Scam Case On May 26
1 year, 10 months ago

BREAKING | Supreme Court To Hear TMC MP Abhishek Banerjee's Appeal Against CBI Notice In School Jobs Scam Case On May 26

Live Law  

The Supreme Court has agreed to list on May 26 an appeal filed by TMC leader and MP Abhishek Banerjee against Calcutta High Court's order dismissing his plea to recall the order passed by Justice Abhijit Gangopadhyay on April 13 giving liberty to the CBI and ED to interrogate him in the West Bengal School Job Scam case. Last week, …

West Bengal Approaches Supreme Court Against Calcutta HC Order For NIA Probe Into Ram Navami Violence
1 year, 10 months ago

West Bengal Approaches Supreme Court Against Calcutta HC Order For NIA Probe Into Ram Navami Violence

Live Law  

The Supreme Court on Thursday heard the petition filed by the State of West Bengal against the order passed by the Calcutta High Court to transfer the investigation in the cases related to Ram Navami violence to the National Investigation Agency.A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala decided to post the …

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches
1 year, 10 months ago

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches

Live Law  

The Supreme Court, on Monday, granted time to the Commissioner, Delhi Police to file a counter affidavit in a plea filed by Communist Party of India leader Brinda Karat seeking registration of FIR against BJP leaders Anurag Thakur and Parvesh Verma for allegedly delivering hate speeches in 2020. A bench comprising Justices KM Joseph and BV Nagarathna was considering the …

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court
1 year, 10 months ago

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court

Live Law  

While allowing a leave to appeal against acquittal in a criminal case under Section 138 of the N.I. Act, the Gujarat High Court said the Magistrate's approach in shifting the burden upon the complainant to prove his case beyond reasonable doubt was not proper “when the accused has chosen not to question the financial capacity of complainant at very first …

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 …

Re-examination of sedition law in motion, consultations in final stage, Govt informs SC
1 year, 10 months ago

Re-examination of sedition law in motion, consultations in final stage, Govt informs SC

The Hindu  

The government in the Supreme Court on May 1 said it has initiated the "process of re-examination" of Section 124A of the Indian Penal Code and consultations are in its "final stage". In May last year, the court, in an interim order, had suspended the use of Section 124A, stalling pending criminal trials and court proceedings under Section 124A across …

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