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Landmark Judgments and Articles on Law

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…

Right to speedy trial is implicit in right to fair trial, which is part of right to life under Article 21 of the Constitution of India

HIGH COURT OF CHHATTISGARH, BILASPUR Hon’ble Shri Justice Sanjay K. Agrawal 07.06.2021 Writ Petition (Cr.) No.629 of 2020 Nitin Aryan @ Satish Kumar Sonwani vs. State of Chhattisgarh For Petitioner : Ms Reena Singh, Advocate For Res.No.1,2,4 & 5/State: Mr.Jitendra Pali, Dy.A.G. Mr.Prasoon Agrawal, Advocate,…

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…

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…

Whether the court should reject bail of undertrial accused to send message to society?

IN THE HIGH COURT OF DELHI Bail Appl. 945/2020 Decided On: 29.05.2020 Firoz Khan Vs. State (NCT of Delhi) Hon’ble Judges/Coram:Anup Jairam Bhambhani, J. Citation: MANU/DE/1134/2020 1. The applicant, who was taken into custody on 03.04.2020 in case FIR No. 105/2020 registered on 04.03.2020 under…

Whether the court can reject bail to accused on the ground that he is not cooperating with the police investigation?

IN THE HIGH COURT OF DELHI Bail Appl. 913/2020 Decided On: 18.06.2020 Navendu Babbar Vs. State of NCT of Delhi Hon’ble Judges/Coram: Anup Jairam Bhambhani, J. Citation: MANU/DE/1267/2020 1. The applicant is an accused in case FIR No. 88/2015 dated 30.06.2015 registered under sections 420/467/468/471/120-B…

Whether the magistrate must give reasons while differing with the final report of Police exonerating accused?

IN THE HIGH COURT OF PATNA Cr. Misc. No. 21406 of 2013 Decided On: 16.09.2016 S.M. Mahtab Ahmad Vs. The State of Bihar and Ors. Hon’ble Judges/Coram:Rakesh Kumar, J. 1. Heard Sri Arun Kumar Arun, learned counsel for the petitioner, Sri Damodar Prasad Tiwari, learned…

Forcing or separating husband from his parents is cruelty

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Mat.App. 20/2019 1:SRI BHASKAR DAS S/O- LATE HARIPADA DAS, R/O- NO. 1 GOLAI GAON, P.S. DIGBOI, DIST.- TINSUKIA, ASSAM. VERSUS 1:SMTI. RENU DAS W/O- BHASKAR DAS, D/O- LATE RAKESH…

SC Guidelines for grant of personal Exemption to accused from attending court in Criminal proceeding

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 1901 of 2019 Decided On: 16.12.2019 Puneet Dalmia Vs. Central Bureau of Investigation, Hyderabad Hon’ble Judges/Coram: Ashok Bhushan and M.R. Shah, JJ. 1. Leave granted. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order…

Section 340 CrPC mandate Preliminary Inquiry before a Complaint u/s 195 CrPC Is Made?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.335 OF 2020 THE STATE OF PUNJAB …APPELLANT VERSUS JASBIR SINGH …RESPONDENT JUDGMENT MOHAN M. SHANTANAGOUDAR, J. 1. The judgment dated 22.01.2019 passed by the High Court of Punjab and Haryana at Chandigarh in…

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