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Showing posts with label S 482 of crpc. Show all posts
Showing posts with label S 482 of crpc. Show all posts
Friday, 10 September 2021

Supreme Court: Against which orders court can entertain criminal revision?

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  There are three categories of orders that a court can pass—final, intermediate and interlocutory. There is no doubt that in respect of a f...
Tuesday, 1 September 2020

Whether petition U/S 482 of CRPC is maintainable under Domestic violence Act?

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In Manish Tandon (supra), challenge before the High Court was to an ex-parte order granting interim maintenance to the wife under Section...
Sunday, 15 July 2018

What are powers of high court U/S 482 of CRPC in proceeding under domestic violence Act?

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A plain reading of Section 482 of Cr.P.C., which saves inherent power of the High Court, indicates that the power is to be exercised by th...
Monday, 29 January 2018

Whether police can make investigation even though permission for further investigation was declined by magistrate?

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T here is no doubt that section 173(8) Cr.P.C. does not talk about prior permission of the Magistrate even Vinay Tyagi's case (Supra) ...
Sunday, 4 December 2016

Whether prosecution U/S 498A and S 294 of IPC can be quashed?

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 Thus, in our opinion, while it is true that ordinarily defence material cannot be looked into by the court while framing of the charge ...
Friday, 2 December 2016

Whether petition U/S 482 CRPC is maintainable even though availability of remedy of revision?

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 As mentioned supra, the powers of the revisional courts u/s. 397 of the Code and the power of the High Court u/s. 482 of Cr.P.C, may over...
Sunday, 20 November 2016

Whether quashing of prosecution is not permissible if revisional jurisdiction is available?

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 In our considered view any attempt to explain the law further as regards the issue relating to inherent power of High Court under Section...
Friday, 30 September 2016

Whether doctors can be prosecuted for minor errors in record keeping under PCPNDT Act?

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 If   we   consider   the   discrepancies   as   noted   above,   then   it   is nowhere the case of respondent No. 2 that, the petition...
Wednesday, 28 September 2016

What are steps for determining veracity of prayer for quashing of prosecution by accused?

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Based on the factors canvassed in the foregoing paragraphs, we would delineate the following steps to determine the veracity of a pray...
Tuesday, 13 September 2016

Guidelines for exercise of power of quashing of prosecution By high court U/S 482 of CRPC

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 In State of Haryana and Ors. v. Bhajan Lal and Ors. reported in 1992 Supp(1) SCC 335, this Court laid down the following guidelines wher...
Sunday, 11 September 2016

Whether court can set aside order of discharge of accused on application of third party?

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It is also pertinent to note that the respondent no.1 was discharged by the order dated 30.12.2014. The CBI had not challenged the said ...
Saturday, 10 September 2016

Whether high court can quash prosecution for dishonour of cheque on ground that it was issued as security?

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 Having heard learned counsel for the parties, we are of the view that the accused (respondent no.1) challenged the proceedings of cri...
Wednesday, 10 August 2016

Whether inherent power U/S 482 of CRPC can be exercised to recall a matter which has been finally disposed of by court?

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There is no power of review with the criminal court after the judgment has been rendered. The High Court can alter or review its judgment ...
Tuesday, 19 July 2016

Whether proceeding under Domestic violence Act can be quashed U/S 482 of CRPC?

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In view of the discussion and the observations made by us herein above, once the provision of the Code has been made applicable, it cann...
Thursday, 14 April 2016

Four steps necessary for quashing of prosecution

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Based on the factors canvassed in the foregoing paragraphs, we would delineate the following steps to determine the veracity of a pray...
Thursday, 7 April 2016

When prosecution under PCPNDT Act should not quashed under S 482 of CRPC?

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 As analyzed, the trial Court has not taken cognizance on mere perusal of complaint and statements of two witnesses. It has applied min...