Showing : 1531-1540 of 14198 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Magistrate has no jurisdiction to order registration of FIR and direct investigation into offences under IPC against petitioner in absence of their being any sanction for prosecution u/s 197 Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19-- Sanction for Prosecution - Provision of S.197(1) Cr.P.C and S.19(1) of P.C Act are identical so far as it relates to sanction for prosecution - Ratio of judgments related to both the provisions are applicable to each other with full force...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Prima facie cognizable offence - To be examined keeping in view contents of FIR and prima facie material, if any, requiring no proof - At this stage High Court cannot appreciate evidence nor can draw its own inferences from the contents of FIR and material relied on - It is more..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - FIR disclosing prima facie commission of various cognizable offences - High Court instead of dismissing application in part should dismiss application as a whole to uphold the entire FIR...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 504, 323, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi)-- Quashing of FIR - Sanction for prosecution not taken - Offence u/ss 504, 323 120-B, S.3(1)(xi) of SC/ST Act - Petitioners are police officers, allowing prosecution of petitioners without procuring mandatory prosecution sanction u/s 197 Cr.P.C. is absolutely impermissible - More so, significant..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall of Prosecutrix and her father to confront them with their statements - Rape case - Co-accused acquitted, as prosecutrix and her father not supported prosecution case - Petitioner/juvenile had no knowledge about the fact that prosecutrix and her father had not supported prosecutrix case..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Proof of marriage - In proceedings u/s 125 Cr.P.C. strict proof of marriage is not essential - Standard of proof u/s 125 Cr.P.C. is not akin to matrimonial proceedings as these proceedings are summary in nature and meant to prevent vagrancy...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - No specific denial by husband about matrimony - No evidence lead with regard to plea that at time of marriage wife was already married and was not divorced by her previous husband - On the contrary, evidence adduced by wife remained uncontroverted to the extent of factum of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, 133-- Proceedings u/s 133 Cr.P.C. dropped - However proceedings resumed on the basis of letter received from Human Rights Commission - Human Rights Commission has no jurisdiction to entertain a dispute of alleged public nuisance, as Cr.P.C provides ample remedies for resolving such disputes - Moreover,..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 294, 34-- Quashing of FIR - Cheating - Criminal breach of trust - FIR of case prima facie discloses commission of cognizable offences by accused - It cannot be said that dispute in question is of purely civil in nature - Investigation of case is at initial stage - Court is thus, bound to allow investigation..........

Showing : 1531-1540 of 14198 Results