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Landmark Judgments and Articles on Law

Hiding from investigating officer ‘on expressed fear of being victimized’, a factor to be considered for bail

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 514 of 2018 . Decided on: 15.11.2018 Sh. Narinder Awasthy alias Nand Lal ………..Petitioner Versus State of Himachal Pradesh ……….Respondent Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. For the Petitioner : Mr. Jeevan Kumar, Advocate. For…

Criminal court cannot order to surrender of passport as condition to bail/anticipatory bail

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-42638 of 2018 Date of decision: 09.10.2018 Capt. Anila Bhatia ..Petitioner Versus State of Haryana ..Respondent CORAM: HON’BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. R.S. Rai, Sr. Advocate with Ms. Rubina Vermani,…

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…

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…

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…

Jurisdiction under section 482/483 Cr.P.C

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH AFR Reserved Court No. – 25 Case :- U/S 482/378/407 No. – 1402 of 2007 Applicant :- Hamid Hasan Opposite Party :- State of U.P. Through Secy, Home Department, Civil Sectt, Lko. Counsel for Applicant :- Maharaj…

Whether a government servant can be compulsorily retired on ground that FIR is registered against him?

In the High Court of Jammu and Kashmir at Srinagar (Before M.K. Hanjura, J.) Mohammad Shafi Shah v. Comm. Sectt. PWD & Ors. Case No: SWP 1379/2015 Decided on March 1, 2018 Citation: 2018 SCC OnLine J&K 138 The Order of the Court was delivered…

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…

Whether trial court can restart proceeding if extending stay is not produced after period of six months?

IN THE SUPREME COURT OF INDIA Criminal Appeal Nos. 1375-1376 of 2013, Decided On: 28.03.2018 Asian Resurfacing of Road Agency Pvt. Ltd. and Ors. Vs. Central Burueau of Investigation Hon’ble Judges/Coram: A.K. Goel, Navin Sinha and Rohinton Fali Nariman, JJ. 1. These appeals have been…


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