Cr P C Double jeopardy – Article 20(2) – Section 300 Cr PC – – Accused having gone through the trial in relation to offences under Sections 504 and 506 IPC and having been acquitted, cannot be subjected to another trial for the same charges on the same facts June 25, 2022 sclaw
Cr P C While quashing the criminal proceedings “No useful purpose will be served by prolonging the proceedings of the case” cannot be a good ground and/or a ground at all to quash the criminal proceedings May 24, 2022 sclaw
Cr P C Pre-mature release policy applicable in state where the crime was committed and not the State where the trial stands transferred. May 16, 2022 sclaw
Cr P C Quashing of proceedings – Money Laundering – HELD till the allegations are proved, the appellant would be innocent – High Court by the impugned order has recorded the finding without due consideration of the letter of the I.T. Department and other material in right perspective – Proceedings quashed – Appeal allowed. May 9, 2022 sclaw
Cr P C Furlough – Multiple Murders – Death sentence reduced to life imprisonment by the Hon’ble President of India – If the person is not to get any remission and has to remain in prison for whole of the reminder of his natural life, that does not, as a corollary, means that his right to seek furlough is foreclosed May 3, 2022 sclaw
Cr P C (CrPC) – S 482 – Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 – S 2 and 3 – Quashing of proceedings – Appellant-accused contended that solely on the basis of a single FIR/charge sheet and that too with respect to a single murder, the appellant cannot be said to be a ‘Gangster’ and/or a member of the ‘Gang’ – HELD Even a single crime committed by a ‘Gang’ is sufficient to implant Gangsters Act on such members of the ‘Gang April 28, 2022 sclaw
Cr P C Murder – Remission of sentence – Court can review the decision of the government to determine whether it was arbitrary, it cannot usurp the power of the government and grant remission itself April 26, 2022 sclaw
Cr P C It is possible that a false complaint may have been lodged at the behest of a political opponent. However, such possibility would not justify interference under Section 482 of the Cr.P.C. to quash the criminal proceedings April 24, 2022April 24, 2022 sclaw
Cr P C Probation of Offenders Act, 1958 – Sections 3 and 4 – Theft – Probation – Sections 360 and 361 of the Cr.P.C also empower the courts to release the offenders on probation of good conduct HELD having regard to sentence imposed by the courts below on the appellants for the offence under Section 379 read with Section 34 of IPC, and having regard to the fact there are no criminal antecedents against the appellants, the court is inclined to give them the benefit of releasing them on probation of good conduct – April 10, 2022 sclaw
Cr P C (CrPC) – Sections 164, 190, 193 and 190(1)(b) – Summoning of accused – HELD Such jurisdiction to issue summons can be exercised even in respect of a person whose name may not feature at all in the police report, whether as accused or in column (2) thereof if the Magistrate is satisfied that there are materials on record which would reveal prima facie his involvement in the offence. March 19, 2022March 19, 2022 sclaw