recalling of Non Bailable Warrants NBW
Tag: Criminal Law
Law on Further Investigation-173(8) Cr.P.C.- after acceptance of Final report by Magistrate. Supreme Court
Further Investigation- 173(8) Cr.P.C.- Mandate of Law. State through Central Bureau of Investigation v. Hemendhra Reddy (SC) : Law Finder Doc Id # 2209496SUPREME COURT OF INDIABefore:- Surya Kant and…
What is Interlocutory Order? Lets understand what Supreme Court says…
Term 'Interlocutory Order' has not been defined in the Cr.P.C. Hon'ble Apex Court in the case o
Case Laws-Permission to go abroad during pendency of criminal case.
Case Laws on Permission to go abroad: To travel abroad is a fundamental right. 1. SUPREME COURT OF INDIA Before:- M.B. Shah and Y.K. Sabharwal, JJ. Petn.(s) for Special Leave…
Landmark Judgment “Arnesh Kumar Vs State of Bihar” 498A IPC and Dowry- Supreme Court on Anticipatory Bail
Arnesh Kumar Vs State of Bihar, Landmark Judgement on Anticipatory Bail by Supreme Court
Power under 406 CrPC to transfer cheque cases from one state to another
The Supreme Court observed that it has power under Section 406 CrPC to transfer cheque cases from one state to another.
Judgments on Maintainability of Anticipatory Bail if accused declared Proclaimed Offender PO or Proclaimed Person
Below are some of the Case titles along with relevant Findings on the above topic. Judgments on Maintainability of Anticipatory Bail if accused declared Proclaimed Offender PO or Proclaimed Person…
Framing of Charges-Trial Court did not consider the further investigation report while framing charges against the petitioner
Framing of Charges-Trial Court did not consider the further investigation report while framing charges against the petitioner. Therefore, petitioner challenged the said order of framing charges against him before Hon’ble…
SSP directed by Hon’ble High Court to check the involvement of DSP in illegal activity and pass speaking order. (Direction to Register FIR petition)
Harassment by Police under the influence of private party. IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARHSr. No.107 CRWP No. 654 of 2023Date of Decision : January 24, 2023Sukhdev…
Default Bail- 167(2) CrPC- Challan Incomplete- Absence of FSL Report- Incomplete Chargesheet
Default Bail- 167(2) CrPC- Challan Incomplete- Absence of FSL Report- Incomplete Chargesheet
Bail NDPS- Buprenorphine and Pheniramine Maleate (Avil)-Judgments
Sr.no. Title Relevant Findings 1. 2022 (1) Law Herald 735 PUNJAB AND HARYANA HIGH COURT Before:- Anoop Chitkara, J. CRM-M-2569 of 2022. D/d. 03.02.2022. Charanjit Kaur – Petitioner Versus State…
Quashing of Complaint under section 138 of Negotiable Instruments Act, 1881
Sought the quashing of complaint filed under section 138 of negotiable instruments act (cheque bounce) and its summoning order on various grounds. The Hon'ble High Court after considering the facts of the case and agreeing with the arguments, issued the Notice as well as stayed the proceedings qua the petitioners. Advocate Anoop Verma Punjab and Haryana High Court, Chanidgarh
2022 Latest Law on 319 CrPC: Supreme Court guidelines.
“I. Whether the trial court has the power under Section 319 of CrPC for summoning additional accused when the trial with respect to other coaccused has ended and the judgment…
NDPS Suspension of Sentence (Bail): Further incarceration would be violative of the right of the applicant-appellant enshrined under Article 21 of the Constitution of India :
NDPS Suspension of Sentence (Bail): Further incarceration would be violative of the right of the applicant-appellant enshrined under Article 21 of the Constitution of India
An amount of Rs. 5 Lakhs not recovered cannot be made a ground for disentitling to grant of Anticipatory Bail in asmuch as the the petitioner cannot be forced to get such amount recovered as the same would virtually amount to forcing of admission of guilt: Anticipatory Bail for the offence under section 420, 406, 120-B IPC granted by Hon’ble High Court of Punjab and Haryana
An amount of Rs. 5 Lakhs not recovered cannot be made a ground for disentitling to grant of Anticipatory Bail in asmuch as the the petitioner cannot be forced to get such amount recovered as the smae would virtually amount to forcing of admission of guilt:Anticipatory Bail for the offence under section 420, 406, 120-B IPC granted
Bail to the accused under POCSO Act: The intention of POCSO was to protect children below the age of 18 years from sexual exploitation. It was never meant to criminalise the consensula romantic relationship: DELHI HIGH COURT
Bail to the accused under POCSO Act: The intention of POCSO was to protect children below the age of 18 years from sexual exploitation. It was never meant to criminalise the consensula romantic relationship
Anticipatory Bail u/s 498A, 406 IPC granted by Hon’ble Punjab & Haryana High Court, Chandigarh
CRM-M-49984-2022 (O&M)Gurdeep Singh @ Gurdeep Singh Rupana Versus State of PunjabPresent:- Mr. Anoop Verma, Advocatefor the petitioner.…CRM-40797-2022Prayer made in the application is for exemption from filing thecertified copies of Annexures…
Filing false and frivolous cases against her husband amounted to cruelty. “Divorce u/s 13 of Hindu Marriage Act, 1955”
Filing false and frivolous cases against her husband amounted to cruelty
Latest Law on Quashing of FIR 2020
What is Quashing of FIR? Quashing means to abate, overthrow, or to dismiss it or to make it completely void. Generally, quashing of an FIR (first information report) in criminal proceedings means completely stopping the process of the legal proceedings that are in process. Section 482 Cr.P.C enables the High Courts to pass such order of Quashing of FIR to secure the ends of Justice
Conviction – Recovery of 20 kgs ‘charas’ – Narcotic powder/charas seized from possession of accused never produced before trial Court as material exhibit – Seizure panchnama not drawn at the spot where contraband recovered from car but drawn at Shamlaji Circuit House 12 km. Away – Private Car not a public conveyance, hence, search of private Car requires search-warrant even if search carried out on highway – Conviction reversed
Conviction - Recovery of 20 kgs 'charas' - Narcotic powder/charas seized from possession of accused never produced before trial Court as material exhibit - Seizure panchnama not drawn at the spot where contraband recovered from car but drawn at Shamlaji Circuit House 12 km. Away - Private Car not a public conveyance, hence, search of private Car requires search-warrant even if search carried out on highway - Conviction reversed
Law of Bail
Law of Bail: Anticipatory Bail, Regular Bail, Bailable offence, Non Bailable Offence, Cognizable & non cognizable office, Discretion, Default bail, Section 167(2) Crpc, Computation of period, case laws, gravity of offence, Cancellation of bail, Bail under NDPS, Bail to juveniles
