-February 22, 2024
Quash set-aside: Prosecution may be lodged by or with the permission of the Sub-Registrar as per section 83 of the Registration Act, 1908.
Must have:
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Quash set-aside: Prosecution may be lodged by or with the permission of the Sub-Registrar as per section 83 of the Registration Act, 1908.
Section 27: Recovery not admissible: Recovery is from open space after one month no independent witnesses examined though available Challenge - Case and trial – Apex court’s view - Case is not based on circumstantial evidence but eye-witnesses not supported the prosecution - Analysis of recovery - Place of pistol found not proved as per the deposition of witness -…
Head note: Challenge - Facts - Quash preferred - Quash dismissed by the Hon’ble High Court - Charge sheet filed against the accused - Respondent/accused again approached High court and set aside the charge sheet and other order - Question involved: Whether sanction required to prosecute respondent no.2? - Section 197 Cr.P.C - Sanction explained - a view can be…
Head note: Apex court: Appeal - Facts - Chargesheet does not contain necessary ingredients for the offence informed - High court must have exercised power under section 482 cr.p.c against the bald accusation - Bald statement against the accused that ‘they beat me up’ without supporting material does not cover section 323 ipc - Section 384 ipc ingredients not found…
Head note: Extension of custody u/s 167 Cr.P.C: Since accused has the right to oppose the prayer for the extension of the remand, it is necessary to produce the accused physically or through virtual - General principles governing default bail - The effect of the failure of the respondents to produce the appellants before the special Court at the time…
Weekly digest December 2023 07 - 12
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…
2. This Appeal is preferred by the sole appellant in Criminal Appeal No.179 of 2015 filed before the High Court of Judicature at Madras, aggrieved by the judgment and order dated 16.08.2019. 3. By the aforesaid judgment, the High Court has confirmed the conviction of the appellant/accused no.1 in Sessions Case No.42 of 2011 on […]
I just read Babitha Surendran vs. State (2015 (2) MWN (Crl) 468) in which a learned single judge has handed over the power of getting specimen signatures from the accused to the Investigating Officer under section 311-A Cr.P.C what the legislature has omitted very carefully.
Appeal against conviction under section 302 IPC - Killing husband by strangulation resulted in section 302 IPC - Registration…
3. It is the case of the petitioner that she had borrowed a sum of Rs.50,000/- from the respondent…
Cognizance – explained: 10. It cannot be gainsaid that the cognizance is taken of an offence and not of…
Police has no right to register case under section 188 IPC without getting proper permission from the concerned Judicial…
The appellant is appealing against the quashing of a summoning order issued by an Additional Sessions Judge. The appellant…
9. We find no merit in the contentions of the applicant. The following are the reasons. Section 428 of…
How to write FIR? – Explained 12. FIR is not meant to be an encyclopaedia nor is it expected…
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