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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…

Whether Magistrate should examine Complainant Before Ordering Investigation Under Section 156(3) CrPC?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 680 of 2021 @ SLP (Crl) No 3155 of 2018 M/s Supreme Bhiwandi Wada Vs The State of Maharashtra Author: Dr Dhananjaya Y Chandrachud, J Dated: July 26, 2021 1 This batch of four…

Breach of terms of contract, criminal action is not contemplated

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.808 2020 Vishnudas Sambhaji Honmane, Age 56 yrs., Occ. Service, R/o Yashwant Nagar, Degloor, Tq. Degloor, Dist. Nanded.… Petitioner … Versus … 1 The State of Maharashtra Through Mukramabad Police Station,Dist….

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…

Chhattisgarh HC: Special court under SC-ST (prevention of atrocities) act has power to direct registration of fir u/s 156(3) crpc

HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Misc Petition No.173 of 2018 Order delivered on:27-10-2020 Jaisingh Agrawal, Vs State of Chhattisgarh, Coram: Hon’ble Shri Justice Sanjay K. Agrawal 1. Proceedings of this matter have been takenup for final hearing through video conferencing. 2. In this petition under…

SC : Court should not impose disproportionate conditions for releasing accused on Bail.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 648 of 2020 Parvez Noordin Lokhandwalla Vs State of Maharashtra Dr Dhananjaya Y Chandrachud Dated:October 01, 2020 1 Leave granted. 2 This appeal arises from a judgment and order of a Single Judge…

Whether court should quash second FIR if it is based same facts with additional sections under IPC?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 237 of 2020 Decided On: 07.02.2020 Prem Chand Singh Vs. The State of Uttar Pradesh and Ors. Hon’ble Judges/Coram: Navin Sinha and Krishna Murari, JJ. Citation: (2020) 3 SCC 54,MANU/SC/0136/2020 1. Leave granted. 2. The Appellant…

Necessary averments to be made in an affidavit filed in support of complaint under Section 156 of CrPC

IN THE HIGH COURT OF KARNATAKA AT BENGALURU Crl. P. No. 8636/2017 Decided On: 05.03.2018 Ganesh Krishnan Vs. Ramesh Nanjund Shastri and Ors. Hon’ble Judges/Coram:K.N. Phaneendra, J. 1. The present petition is filed seeking quashing of the order passed by the 4th Addl. CMM, Bengaluru,…

Whether court can direct Police investigation during course of Civil Proceeding?

IN THE HIGH COURT OF BOMBAY Commercial Appeal (L) No. 434 of 2018, Notice of Motion (L) No. 1002 of 2018, Commercial Appeal (L) No. 428 of 2018 and Notice of Motion (L) No. 996 of 2018 Decided On: 17.10.2018 Trident Steel and Engineering Co….

Section 340 read with Section 195 of Cr.P.C for deliberately filing false complaint

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA No.S-2698-SB of 2014(O&M) Date of decision: 23.02.2015 Capt. Parveen Vij..Appellant versus State of Punjab and others….Respondents CORAM: Hon’ble Mr.Justice Kuldip Singh Present: Mr. P.S.Ahluwalia, Advocate for the appellant Mr.Vivek Rattan, Advocate for respondent Nos.2…

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