Cr P C VINOD DUA vs UOI – A citizen has a right to criticize or comment upon the measures undertaken by the Government and its functionaries, so long as he does not incite people to violence against the Government established by law or with the intention of creating public disorder. HELD FIR quashed. June 6, 2021 sclaw
Cr P C HELD extraordinary circumstances, when a strict case for grant of anticipatory bail is not made out, and rather the investigating authority has made out a case for custodial investigation, it cannot be stated that the High Court has no power to ensure justice proviso which necessitates the Court pass such an exceptional discretionary protection order for the shortest duration period of 90 days, or three months, cannot be considered reasonable. June 5, 2021June 5, 2021 sclaw
Cr P C (CrPC) – Section 31(1) – Kidnapping and rape – Multiple punishments of imprisonment – Whether the sentences would run concurrently or consecutively? – Held, It is legally obligatory upon the Court of first instance, while awarding multiple punishments of imprisonment, to specify in clear terms as to whether the sentences would run concurrently or consecutively. June 5, 2021 sclaw
Cr P C Discharge application – Orders framing charges or refusing discharge are neither interlocutory nor final in nature and are therefore not affected by the bar of Section 397 (2) of CrPC May 16, 2021 sclaw
Cr P C -Transfer of Criminal Case solely based on the fact that one of the parties to that case is unable to follow the language of that Court would not warrant exercise of jurisdiction of this Court under Section 406 of the 1973 Code May 16, 2021 sclaw
Cr P C Orders framing charges or refusing discharge are neither interlocutory nor final in nature and are therefore not affected by the bar of Section 397 (2) of CrPC.HELD that the trial court while considering the discharge application is not to act as a mere post office. May 8, 2021 sclaw
Cr P C According to the learned counsel for the co-accused, they are also aged and that they are also suffering from ill health – Therefore, they contend that a transfer from Darjeeling to New Delhi will make their life miserable – If the petitioner is entitled to a fair trial, the Respondent Nos. 2 and 3 are also equally entitled to a fair trial – Transfer dismissed. April 25, 2021 sclaw
Cr P C Mohd. Mukhtar Ansari case – It is a well settled principle of law that the Statute must be interpreted to advance the cause of the Statute and not to defeat the same – State Government being a prosecuting agency in the Criminal Administration, is vitally interested in such administration – Petition under section 406 of the Code of Criminal Procedure is maintainable. March 29, 2021 sclaw
Cr P C If on the basis of the examination-in-chief of the witness the Court is satisfied that there is a prima facie case against the proposed accused, the Court may in exercise of powers under Section 319 CrPC array such a person as accused and summon him to face the trial. March 21, 2021 sclaw
Cr P C (CrPC) – Section 117 – Putting person in fear of accusation of offence, in order to commit extortion – Transfer Petition – Place of inquiry and trial has to be by the Court within whose local jurisdiction – Cause of action as per the averments in the FIR are alleged to have arisen March 14, 2021 sclaw
