Category: Cr P C

(CrPC) – Section 482 – – howsoever well intentioned, cannot be permitted to be operated in utter disregard of the well-recognized judicial principles governing uniform application of law – Unwarranted judicial activism may cause uncertainty or confusion not only in the mind of the authorities but also in the mind of the litigants.

SUPREME COURT OF INDIA DIVISION BENCH CARDINAL MAR GEORGE ALENCHERRY — Appellant Vs. STATE OF KERALA AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ.…

CrPC, Sec 406, – Article 139A of the Constitution – Order 39 of the Supreme Court Rules, 2013 – HELD phrase party interested under Section 406(2) of the CrPC, the Petitioner, being the real brother of the Deceased, is vitally interested in a fair trial – challenge to the locus standi of the Petitioner is thus rejected. there is no legal necessity to transfer the trial outside the State of West Bengal and the apprehensions of the Petitioner, some of which are indeed genuine, can be effectively redressed by issuing appropriate directions.

SUPREME COURT OF INDIA DIVISION BENCH AFJAL ALI SHA @ ABJAL SHAUKAT SHA — Appellant Vs. STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : Surya Kant and…

(CrPC) – Section 482 – Drugs and Cosmetics Act, 1940 – Section 18(c) and 27(b)(ii) – Drugs and Cosmetics Rules, 1945 – Rule 123 – Sanctioning authority had not examined at all whether a practising doctor could be prosecuted under the facts of the case, considering the small quantity of the drugs and the exception created in favour of medical practitioner under Rule 123, read with the Schedule “K” – Criminal proceedings is quashed

SUPREME COURT OF INDIA DIVISION BENCH S. ATHILAKSHMI — Appellant Vs. THE STATE REP. BY THE DRUGS INSPECTOR — Respondent ( Before : Krishna Murari and Sudhanshu Dhulia, JJ. )…

(CrPC) – Section 173(8) – Endeavor of the Court should be to have the fair investigation and fair trial only – mere filing of the chargesheet and framing of the charges cannot be an impediment in ordering further investigation / re-investigation / de novo investigation, if the facts so warrant

SUPREME COURT OF INDIA DIVISION BENCH ANANT THANUR KARMUSE — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Penal Code, 1860 (IPC) – Ss 323, 384, 406, 423, 467, 468, 420 and 120B – Civil remedy – In respect of the issue involved, which is of civil nature, the respondent had already a civil suit and it is pending, there can be no doubt with respect to the fact that the attempt on the part of the respondent is to use the criminal proceedings as weapon of harassment against the appellants. FIR Quashed

SUPREME COURT OF INDIA DIVISION BENCH USHA CHAKRABORTY AND ANOTHER — Appellant Vs. STATE OF WEST BENGAL AND ANOTHER — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar, JJ.…

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