Category: Criminal Law

SC had passed interim order pertaining to the mutual funds for a period of six months. However, the pandemic situation delayed hearing of accompanying appeal and consequently the resolution of…

High Court’s power under this section cannot be used to undermine a statutory dictate, in present case provided under Ss. 14 and 17 of the Insolvency and Bankruptcy Code, 2016…

Grant of, by High Court under S. 482: It is permissible for High Court to pass an interim order under S. 482 CrPC of the nature impugned herein, in exceptional cases…

Remission policies may be composite ones referable both to S. 432/S. 433 CrPC and Art. 161 of the Constitution. Remission power exercisable under a particular remission policy whether would be…

High Court must set forth its reasons, indicating at least in brief, an application of mind to nature of evidence and findings which have been arrived at. Not doing so,…

Stage of framing of charge: Principles that must keep in mind by High Court while exercising jurisdiction under S. 482 at the stage of framing of charges. Held, High Court committed…

In the instant case, when High Court quashed criminal proceedings, the IO had after doing the investigation and collecting the evidence, had filed the charge sheet before Magistrate for offences…

S.197 CrPC seeks to protect officer from unnecessary harassment, who is accused of offence committed while acting or purporting to act in discharge of his official duties and, thus, prohibits…

Held, High Court erred in granting anticipatory bail in present case mainly on ground that magistrate’s direction for investigation S. 156(3) CrPC was doubtful as complainant had not been examined…

Hence, their conviction was not maintainable on probability. They were entitled to benefit of doubt. Hence, their conviction stood set aside. (2021) 7 SCC 204 [R. Natarajan v. State of…