Section 439 Cr.P.C.

Sections 302, 143, 144, 147, 148, 149, 341, 384, 120B,506(2)and 34of the Indian Penal Code – Sections25(1-b) A, 27 and 29of the Arms Act – Section 135 of the Gujarat Police Act – Section 439 of the Code of Criminal Procedure 1973 – The Court granting bail cannot obviate its Read more…

Section 301 Cr.P.C

Section 301(2) of Cr.P.C. – a mandate that allows the victim’s counsel to make oral arguments and cross ­examine witnesses goes beyond a mere assistive role, and constitutes a parallel prosecution proceeding by itself. That the victim’s counsel has a limited right of assisting the prosecution, which may extend to Read more…

Section 227/239 Cr.P.C.

At the stage of framing of the charge and/or considering the discharge application, the mini trial is not permissible. Section 7 of the PC Act –  Section 227/239 Cr.P.C. – The High Court was required to consider whether a prima facie case has been made out or not and whether Read more…

Section 138 Negotiable Instruments Act, 1881

Section 258 of the Code is not applicable to complaints under Section 138 of the Act The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the Act from summary trial to summons trial. There is no Read more…

High Court of MP

Section 197 of CrPC

The law is well settled that no sanction is required to prosecute a public servant who has ceased to hold office when prosecution is for the offences under the Prevention of Corruption Act.                                                                                          MCRC No. 1257/2020                                                                                          MCRC No. 2844/2020 HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR DIVISION Read more…

Section 482 Cr.p.c.

merely making allegation against the leaders of a political party even if it is incorrect / untrue would not constitute offence under Section 505(1) of the IPC At this stage, it would be appropriate to again notice the tweet made by the petitioner vide Annexure P-4 at the cost of Read more…

Section 482 Cr.p.c.

Section 482 of Crpc and Art 226 of Constitution of india – High Courts Shall Not Pass Order Of ‘Not To Arrest’ Or ‘No Coercive Steps’ While Dismissing/Disposing Petition U/s 482 CrPC. Conclusions: 23.In view of the above and for the reasons stated above, our final conclusions on the principal/core Read more…

S 482 Crpc

Section 482 Cr.p.c.

Section 482 Cr.p.c. – quashing the First Information Report – That the Constitution of India gives its Citizens the right to freedom of speech and expression. The protest was peaceful and as already observed no untoward incident took place. FIR quashed. Crl.O.P.(MD)No.4609 of 2021BEFORE THE MADURAI BENCH OF MADRAS HIGH Read more…

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