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Landmark Judgments and Articles on Law

Should police investigate a Criminal case as per the order passed by Magistrate U/S 156 of CrPC obtain his permission to arrest the accused?

Bombay High Court Laxminarayan Vishwanath Arya vs The State Of Maharashtra Through … on 19 July, 2007 Equivalent citations: 2007 (109) Bom L R 1583, 2008 CriLJ 1, 2007 (4) MhLj 7 Bench: S Kumar, R Desai, D Bhosale JUDGMENT Swatanter Kumar, C.J. 1. The…

When complaint U/S 156 of CrPC can directly be made to magistrate without giving FIR to police?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 270 OF 2009 ALONG WITH CRIMINAL WRIT PETITION NOS.1445 OF 2009, 2031 OF 2009, 2408 OF 2009, 2737 OF 2009 AND 2883 OF 2009 CRMINAL WRIT PETITION NO. 270 OF…

When an focus underneath Section 156(3) CrPC could have been treated as a censure u/s 202 Cr.P.C.

HIGH COURT OF ALLAHABAD Decided on Sep 18,2007 SUKHWASI…Appellant VERSUS STATE OF UTTAR PRADESH …Respondents JUDGEMENT on 18 September, 2007 Equivalent citations: 2008 CriLJ 472 Bench: R Deepak, B A Zaidi JUDGMENT Barkat Ali Zaidi, J. 1. The, following question, has been referred, for consideration;…

Jurisdiction to investigate under Article 142 of Constitution and Section 156

Supreme Court of India CASE NO.:Appeal (crl.) 1534 of 2006 PETITIONER:Asit Bhattacharjee RESPONDENT: M/s. Hanuman Prasad Ojha & Ors DATE OF JUDGMENT: 15/05/2007 BENCH:S.B. Sinha & C.K. Thakker JUDGMENT: J U D G M E N T S.B. Sinha, J. 1. Appellant herein was awarded contracts…

When second FIR is liable to be quashed?

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD Criminal Misc. Application (For Quashing & Set Aside FIR/Order) No. 6370 of 2013 Decided On: 05.05.2017 Modnath Vaidhyanath Mishra Vs. State of Gujarat and Ors. Hon’ble Judges/Coram:J.B. Pardiwala, J. 1. By this application under Section 482 of the…

When second FIR in relation to same offence and against same accused is maintainable?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.305 OF 2013 (Arising out of S.L.P. (Crl.) No. 9276 of 2012) Surender Kaushik and others … Appellants Versus State of Uttar Pradesh and others ..Respondents J U D G M E N T…


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