Head note: Appreciation of trial court judgment - Trial court conclusion on Accused-2 - Trial court has accepted the version of the defence and not P.W.33 - To disbelieve the state public works department valuation report there must be a better reasonable and intelligible opinion should be examined on the side of defence - Section 45 Indian Evidence Act -…
Head note: Copy of complaint shall be accompanied with the summons as per section 204(3) Cr.P.C and Rule. 25(4) Criminal Rules of Practice, 2019
Head note: Apex Court - Appreciation of bail - Bail may be denied if complaint gives prima facie case - Charge sheet could never be the final conclusion of PMLA offence - Rupees 1 lakh costs imposed for misrepresentation of facts.
Head note: Apex Court - Thus, an order rejecting prayer for bail does not disempower the Court from considering such plea afresh if there is any alteration of the circumstances. Conditions of bail could also be varied if a case is made out for such variation based on that factor. Prohibition contemplated in Section 362 of the Code would not…
Head note: Madras High Court - deprecating the practice of filing already printed form for section 311 Cr.P.C for recall of petition - also, petitioner did not file defer petition - Petition dismissed.
Head note: Madras High Court - Transporting untreated Bio-Medical waste stored more than 48 hours should be stopped with iron hand - Trial judge without considered all the aspects and erroneously passed the impugned order to release the vehicle.
Head note: Madras High Court - In the case on hand the petitioner is the custodian of the jewels and cash whose owners are different persons and entrusted the same with the petitioner - When the petitioner carry the same accused persons have abducted the petitioner and robbed the properties – FIR registered – accused were arrested with all the…
Head note: (1) Once the complainant decides to proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings - The complainant would ensure that the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the…
Head note: Accused has no locus standi during investigation and he cannot insist for hearing before process issued to him - Magistrate exceeded jurisdiction by directing the i.o to file additional charge sheet.
Head note: Hon’ble Madras High Court - Justice Nirmal Kumar J - Return of Property - Alcohol - TN Prohibition Act - Petitioner was found in possession of Copper - Brandy bottles each containing 180 ml of brandy in total 720 ml of brandy - As per TN Liquor (Possession for Personal consumption) Rules, 1996, a person is entitled to…
Criminal Original Petition filed under Section 482 of the Criminal Procedure Code for concurrent sentencing of two different cases. The Hon’ble Madras High Court has directed to run sentences in two separate or different cases concurrently under section 482 Cr.P.C.
Head note: Apex Court: In the present case originally charge-sheet has been filed against all the 4 accused - But, CJM has taken cognizance against only one accused and left all other accused - When this came to the complainant's notice he has file a protest petition against the order taking cognizance - Based on that petition CJM took cognizance…
5. The learned counsel for the petitioners submitted that the right under Section 167(2) Cr.P.C is an indefeasible right and once accrued and availed it will not get extinguished for the failure of the accused by not furnishing surety. 6. Per contra, the Learned Government Advocate appearing for the State submitted that, the right which […]
If suspension of sentence is listed the advocate for the accused is not expected to argue the appeal.
These factors taken together create a serious doubt about the correctness of the dying declaration. Therefore, the dying declaration will have to be kept out of consideration. In any case, the dying declaration is not of that sterling quality on which the conviction can be based in absence of any other evidence. Therefore, the prosecution has failed to prove the…
Head note: - Many persons around -Well then, who recorded the same?, What was his name?, What was his designation if he was a police personnel? remains unstated by her. Significantly, this witness also does not testify to the correctness or otherwise of the contents thereof. It was testified that at the time of recording of such statement “there were…
2. The learned counsel for the petitioner submitted that the petitioner filed a complaint before the Judicial Magistrate I, Tiruppur, Vellore District, under section 156(3) Cr.P.C., seeking a direction to the respondent police to investigate the matter and the same was taken on the file in CMP.No.1044 of 2023. The learned Judicial Magistrate, by its […]
2. This criminal appeal arises out of an order dated 12.08.2020 passed by the High Court of Karnataka at Bengaluru, whereby Respondent No.1 was granted regular bail in trial proceedings numbered S.C. 1111/2021, pending before Ld. Addl. City Civil and Sessions Judge, Bengaluru. The said trial has emanated from Crime No. 151/2019 dated 21.12.2019 registered […]
HIGH COURT HOW TO DECIDE AN APPEAL AGAINST ACQUITTAL – EXPLAINED In this appeal, we are called upon to consider the legality and validity of the impugned judgment rendered by the High Court while deciding an appeal against acquittal under Section 378 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’). The principles which […]
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 20.11.2018 passed by the High Court of Judicature for 1 Rajasthan Bench at Jaipur passed in D.B. Criminal Appeal No.818 of 2013 by which the Division Bench of the High Court has partly allowed the said appeal preferred by the respondent accused – […]
With regard to reliance on Wikipedia, the submission of learned counsel is indisputable as paragraph 9 of the impugned…
Head note: Apex Court has held that the order directing the accused to pay the interim compensation shall be…
PRAYER Criminal Revision Petitions have been filed under Section 397 (1) r/w 401 of Cr.P.C, to call for the…
Unless the case diary and the remand report is transmitted to the Magistrate he would not be able to…
Head note: Apex Court - Consideration of findings of two courts - Sole-eye witness is not the actual eye-witness…
Suo-Motu revision was taken by the Hon’ble Madras High Court against the discharge order on the second discharge application…
Both the courts below have noticed that in Ex. P-11, the first dying declaration, the appellant has not been…
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