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 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 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 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 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. 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 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 Read more…

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