Category: Cr P C

(CrPC) – Ss 372 and 377 – (IPC) – Ss 364A and 34 – Kidnapping for ransom – Enhancement of sentence -It is fairly well settled that the remedy of appeal is creature of the Statute. – State Government to prefer appeal for inadequate sentence under Section 377, Cr.PC but similarly no appeal can be maintained by victim under Section 372, Cr.PC on the ground of inadequate sentence.

  SUPREME COURT OF INDIA DIVISION BENCH PARVINDER KANSAL — Appellant Vs. THE STATE OF NCT OF DELHI AND ANOTHER — Respondent ( Before : Ashok Bhushan and R. Subhash…

(CrPC) – S 357(3) – Release of compensation – Police officers have illegally detained complainant’s son in connection with a theft case and he was tortured in the police lock up and succumbed to the injuries – Appellant herein who is the father of the victim is relentlessly pursuing the matter from last more than a decade -Instead of ordering release of compensation to the appellant at this stage – It appropriate to request the High Court for expeditious disposal of the Case – Appeal dismissed.

  SUPREME COURT OF INDIA DIVISION BENCH DALBIR SINGH — Appellant Vs. STATE OF NCT OF DELHI AND ANOTHER ETC. — Respondent ( Before : Ashok Bhushan and R. Subhash…

Quashing–High Court ordinarily would not exercise its inherent jurisdiction to quash a criminal proceeding and, in particular, a First Information Report unless the allegations contained therein, even if given face value and taken to be correct in their entirety, disclosed no cognizable offence.

2009(2) LAW HERALD (SC) 1032 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. 417 of…

High Court has not indicated any basis or reason for exercising jurisdiction under Section 482 of the Code–The application was disposed of in a casual manner–order of the High Court is clearly indefensible and is, accordingly, set aside–Criminal Procedure Code, 1973, Section 482–Penal Code, 1860, Section 406 and 498-A.

2009(2) LAW HERALD (SC) 1016 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. 450…

Criminal Appeal Against Order Of Conviction Cannot Be Dismissed For Default: Reiterates SC HELD We, therefore, set aside the judgment and order dated 22.04.2014 and remand the matter to be disposed of on  merits. Meanwhile, considering that the appellant has been in jail for a period of almost 11 years, we grant bail subject to the satisfaction of the trial Court.

Criminal Appeal Against Order Of Conviction Cannot Be Dismissed For Default: Reiterates SC [Read Order] Ashok Kini 10 July 2020 7:32 PM The Supreme Court recently set aside a Madras…

Summoning order–Petition under Section 482 Cr.P.C. against summoning order–Petition dismissed by High Court stating that remedy of revision under Section 397 Cr.P.C. also available–Held; it is difficult to conceive that jurisdiction of High Court would be held to be barred only because the revisional jurisdiction could also be availed of.

Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 2055 of 2008 Dharimal Tobaco Products Ltd. v. Sate of Maharashtra {Decided on 17/12/2008}…

You missed