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S. 102(3) Cr.P.C. | Police Seizure Wouldn’t Get Vitiated Altogether Due To Delayed Reporting To Magistrate
Bysclaw
May 26, 2024By sclaw
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Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings under Section 482 in Cases with Predominantly Civil Character — The court reiterated the principle that criminal cases with overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions, matrimonial relationships, or family disputes, should be quashed when the parties have resolved their entire disputes among themselves — This principle is applied in the present case, where the dispute involved a loan transaction between the accused persons and the bank, and the parties had settled the matter through the One Time Settlement (OTS).
Oct 9, 2024
sclaw
Criminal Procedure Code, 1973 (CrPC) — Sections 311, 313 and 173(8) — Case of Murder — Further investigation after the trial had concluded —Whether the High Court was justified in ordering further investigation after the trial had concluded —The appellant argued that the application for further investigation was a disguised attempt to reopen earlier proceedings and that the trial court had no jurisdiction to entertain such an application after charges were framed —The respondent contended that further investigation was necessary to ensure justice and that new facts and material had emerged —The Supreme Court set aside the High Court’s order for further investigation, stating it was unwarranted and not in accordance with the law —The Court found that the application for further investigation was filed too late and lacked new evidence that would justify reopening the case —The Court emphasized that further investigation should be ordered sparingly and only in exceptional cases to achieve the ends of justice — The Supreme Court allowed the appeal, dismissed the application for further investigation.
Oct 2, 2024
sclaw