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Landmark Judgments and Articles on Law

Cooperating with the investigating agency entitles accused for bail

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 893 of 2019 GUPTA ANANDKUMAR SATYANARAYAN Versus STATE OF GUJARAT Appearance: MR VIRAT G POPAT(3710) for the PETITIONER(s) No. 1 MR KP RAVAL, APP for the RESPONDENT(s) No. 1 CORAM: HONOURABLE MR.JUSTICE VIPUL M….

Power U/s 482 CrPC Cannot be exercised Where the Allegations are required to be Proved In Court of Law

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 175 OF 2020 (ARISING OUT OF SLP (CRIMINAL) NO. 172 OF 2017) STATE OF MADHYA PRADESH …..APPELLANT(S) VERSUS YOGENDRA SINGH JADON & ANR. …..RESPONDENT(S) JUDGMENT HEMANT GUPTA, J. 1. The State is aggrieved…

Power under Section 389 Cr.P.C. can Suspend the Sentence of Imprisonment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.406 OF 2018 (ARISING OUT OF SLP(CRL.)NO.1994 OF 2018) SATYENDRA KUMAR MEHRA @ SATENDERA KUMAR MEHRA … PETITIONER VERSUS THE STATE OF JHARKHAND … RESPONDENT J U D G M E N T ASHOK…

SC : Accused can not claim Discharge from Criminal prosecution on the basis of Documents produced by him at that stage of Proceeding

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 957 OF 2017 M.E. SHIVALINGAMURTHY Vs CENTRAL BUREAU OF INVESTIGATION, BENGALURU K.M. JOSEPH, J. Dated:JANUARY 07, 2020. 1. The appeal is directed against the Order of the High Court setting aside the Order…

Whether court is bound to release accused on bond as per S.88 of CRPC on his appearance before court?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 321 of 2018 (Arising Out of SLP (Crl.) Diary No. 1445 of 2018) Decided On: 23.02.2018 Pankaj Jain Vs. Union of India (UOI) and Ors. Hon’ble Judges/Coram: A.K. Sikri and Ashok Bhushan, JJ. Citation:(2018) 5 SCC…

s. 93(1)(c) issued for search and seizure of documents-Search warrant if violates fundamental right under Article 20(3) of Constitution.

Supreme Court of India PETITIONER:V. S. KUTTAN PILLAI Vs. RESPONDENT:RAMAKRISHNAN & ANR. DATE OF JUDGMENT18/09/1979 BENCH: DESAI, D.A. REDDY, O. CHINNAPPA (J) ACT: Code of Criminal Procedure, 1973 Sections 91 and 93(1)(c)-Scope of -Appellants office bearers of a Sabha- Warrant under s. 93(1)(c) issued for…

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…

Whether court should frame charge against accused if prima facie case is made out against accused?

IN THE SUPREME COURT OF INDIA Criminal Appeal Nos. 315, 314, 313, 312 and 311/2011 Decided On: 17.01.2018 Mauvin Godinho Vs. State of Goa Hon’ble Judges/Coram: N.V. Ramana and S. Abdul Nazeer, JJ. Citation: (2018) 3 SCC 358 1. These Criminal Appeals, by way of…

Whether passport can be returned to accused if police has illegally seized passport?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.59 OF 2018 Jignesh Prakash Shah Vs. Central Bureau of Investigation, CORAM : PRAKASH D. NAIK, J. DELIVERED ON : JUNE 04, 2018. With consent of both the parties, the application…

Whether second FIR can be registered in respect of same incident?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 408 of 2018 (Arising out of S.L.P. (Crl.) No. 7970 of 2014) Decided On: 19.03.2018 P. Sreekumar Vs. State of Kerala and Ors. Hon’ble Judges/Coram:R.K. Agrawal and Abhay Manohar Sapre, JJ. Citation: AIR 2018 SC 1482…

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