Bhaskar Banerjee vs Central Bureau Of Investigation-Calcutta High Court quashed the proceeding against an panel advocate who had submitted a false search report in alleged collusion with the principal accused, holding therein that mere negligence or want of greater...
Section 482 Cr.P.C
In order to cause registration of an F.I.R. and consequential investigation based on the same the petition filed under Section 156(3), Cr.P.C., must satisfy the essential ingredients to attract the alleged offences.
In case of a private complaint, the Magistrate can issue summons when the evidence produced at the pre-summoning stage shows that there is sufficient ground for proceeding against the accused. The material on record should indicate that the ingredients...
While inordinate delay in itself may not be ground for quashing of a criminal complaint, in such cases, unexplained inordinate delay of such length must be taken into consideration as a very crucial factor as grounds for quashing a...
MUSLIM STRIDHAN- Offence under Section 6 OF DP Act is punishable with two years' imprisonment only and in the normal course Section 468 would apply, but we may look to Sections 472 and 473 as well. Section 472...
SEC-482 Cr.P.C-Inherent power to recall a judgment and/or order which was without jurisdiction or a judgment and/or order passed without hearing a person prejudicially affected by the judgment and/or order.
From the aforesaid, it can be seen that the impugned judgment and order passed by the High Court is a cryptic, nonspeaking order. We find no independent application of mind by the High Court on the legality and validity...
The provisions of the Act contemplate filing of an application under Section 12 to initiate the proceedings before the concerned Magistrate. After hearing both sides and after taking into account the material on record, the Magistrate may pass an...
Case of interlocutory order which could be corrected in exercise of criminal revisional power
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In the case of Madhu Limaye v. State of Maharashtra (AIR 1978 SC 47) (supra) a distinction has been made between an order which is purely interlocutory which could be corrected in exercise of revisional power and an order...
Sections 437(5) and 439(2) of Cr.P.C. Sub-section (5) of Section 437 of Cr.P.C-The question, as to whether when an accused is bailed out in a criminal case, in which new offences have been added, whether for arresting the accused,...
FIR has been lodged/filed by the brother of the deceased after a period of almost 29 years from the date of incident and after a period of 9 years from the date of decision of this Court in the...
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