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By sclaw
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Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415 — Appeal — Maintainability — Conviction recorded for first time by appellate court reversing acquittal — An appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court — No such second appeal is contemplated under CrPC or BNSS — The only remedy available is revision under Section 397 r/w 401 CrPC (Section 438 r/w 442 BNSS)
Aug 2, 2026
sclaw
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Scope of inquiry — Mini-trial impermissible — At the stage of considering quashing of an FIR, the Court’s inquiry is confined to whether the allegations, taken at face value, prima facie disclose commission of a cognizable offence — Court cannot conduct a “mini-trial” by sifting evidence, assessing probabilities, or evaluating witness credibility — High Court exceeding these limits by examining trap proceedings, absence of personal recovery, and departmental enquiry findings, held impermissible.
Aug 2, 2026
sclaw
Criminal Procedure Code, 1973 (CrPC) — Section 125(4) — Application of principles to facts — Remand — Trial Court erred in holding that the adultery issue could only be decided at final adjudication, rendering the statutory scheme otiose; since photographic/electronic evidence of adultery was placed on record requiring evaluation, the Trial Court was directed to decide the S. 125(4) application on merits, with interim maintenance continuing till such decision — matter remanded.
Aug 2, 2026
sclaw
