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Landmark Judgments and Articles on Law

Whether Will trial be vitiated if the complainant/informant is investigating officer?

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on : 30th July, 2021 BAIL APPLN. 112/2021 and CRL.M.(BAIL) 81/2021; BIMAL KUMAR JAIN and NARESH JAIN Vs DIRECTORATE OF ENFORCEMENT CORAM: HON’BLE MR. JUSTICE YOGESH KHANNA 1. These petitions are for grant of bail…

Whether provision declared unconstitutional by court gets wiped out of statute book?

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on : 30th July, 2021 BAIL APPLN. 112/2021 and CRL.M.(BAIL) 81/2021; BIMAL KUMAR JAIN and NARESH JAIN Vs DIRECTORATE OF ENFORCEMENT CORAM: HON’BLE MR. JUSTICE YOGESH KHANNA 1. These petitions are for grant of bail…

Writ Petition filed concealing earlier case; HC dismisses with an exemplary cost of ₹25,000/-.

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Hon’ble Ramesh Sinha, J. Hon’ble Mrs. Saroj Yadav, J. MISC. BENCH No. 10331 of 2021; 27.7.2021 Surjeet Kumar Vs. State of U.P. Thru. Secy. Home. Lko Others Counsel for Petitioner :- Rajendra Prasad Mishra; Counsel for Respondent…

SC: Criminal Proceedings should not become Weapons of Harassment – Civil Dispute given colour of Criminal Offence

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 932 OF 2021 (Arising out of SLP (Crl.) No. 1190 of 2021) RANDHEER SINGH Appellant(s) VERSUS THE STATE OF U.P. & ORS. Respondent(s) WITH CRIMINAL APPEAL NO. 933 OF 2021 (Arising out of…

Should the investigating officer make the application on affidavit to court to issue a proclamation order against the accused?

  ALLAHABAD HIGH COURT Case :- U/S 482/378/407 No. – 2261 of 2021 Kunwar Mahendra Pratap Singh @ Chandan Singh Vs State Of U.P. Ors. Coram: Hon’ble Mrs. Saroj Yadav,J. Dated: 18.8.2021 1. This petition under Section 482 of The Code of Criminal Procedure, 1973 (in short “Cr.P.C.)…

Guidelines of Bombay HC for Grant of Three Days Interim Protection From Arrest to accused After Rejection of Anticipatory Bail

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (APL) No. 393 of 2021 Dr. Sameer Narayanrao Paltewar Vs. The State of Maharashtra, CORAM : MANISH PITALE, J. PRONOUNCED ON: AUGUST 21, 2021 Heard finally. 2. What is the fate…

Whether the court can refuse to give default bail to the accused if the police seek time to file a supplementary charge sheet under UAPA Act?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 319 OF 2021 (arising out of SLP(Crl.) No. 6181/2020) FAKHREY ALAM Appellant(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) O R D E R Leave granted. An FIR bearing No. 04/2017 has been…

Whether an investigating officer can file criminal prosecution against the accused if he fabricates false evidence during the investigation?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2021 (arising out of S.L.P. (Criminal) No. 5102 of 2020) Bhima Razu Prasad …Appellant Versus State, rep. By Deputy Superintendent of Police,CBI/SPE/ACU­II …Respondent WITH CRIMINAL APPEAL NO. OF 2021 (arising out of…

SC: An Accused who was released on Default Bail cannot be re-arrested on filing of Charge Sheet

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 15 OF 2021 (Arising out of SLP (Crl.) No. 5715 of 2020) KAMLESH CHAUDHARY Appellant (s) VERSUS THE STATE OF RAJASTHAN Respondent(s) O R D E R Leave granted. The appellant is accused…

Whether court must hear Accused before setting aside Dismissal of Criminal complaint U/S 203 of CrPC?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 2183 of 2011 Decided On: 18.06.2020 Subhash Sahebrao Deshmukh Vs. Satish Atmaram Talekar and Ors. Hon’ble Judges/Coram: Navin Sinha and Indira Banerjee, JJ. 1. The Petitioner, an Accused in the complaint case, is aggrieved by the…

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