Magistrate Archives

Cal HC | Rejection of complaint under S. 156(3) CrPC by Magistrate without taking cognizance under S. 190(1)(a) is an error in law; correct approach explained

Calcutta High Court: Madhumati Mitra, J., allowed a criminal revision application filed against the order of the Magistrate whereby he had rejected the

Case Briefs High Courts

All HC | Cognizance taken in a criminal case after taking extraneous material into consideration, is against the law and not sustainable

Allahabad High Court: Om Prakash-VII, J. allowed the application filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing

Case Briefs High Courts

Bom HC | S. 143-A NI Act not available where complaint filed before the provision came into force, restated

Bombay High Court: Vibha Kankanwadi, J., dismissed a writ petition filed against the order of the Sessions Judge whereby he had reversed the

Case Briefs High Courts

P&H HC | Police officer has all pervasive powers to arrest a person during investigation, without any assistance from Magistrate or Court

Punjab and Haryana High Court: Rajbir Sehrawat, J., addressed the petition filed under Sections 482 and 483 of CrPC for quashing of FIR

Case Briefs High Courts

Cal HC | Can a “witness” in course of investigation be compelled to give voice samples? — 3 questions referred to larger Bench

Calcutta High Court: Rajasekhar Mantha, J., has referred to three important questions, which in the Court’s opinion are required to be settled by

Case Briefs High Courts

Sikkim HC | A Magistrate is obligated to inquire into the case for finding sufficient grounds before summoning accused beyond his territorial jurisdiction

Sikkim High Court: Bhaskar Raj Pradhan, J., while exercising inherent powers under Section 482 CrPC quashed the criminal complaint filed against the petitioners

Case Briefs Foreign Courts

SL SC | Conviction set aside due to unsatisfactory nature of evidence not sufficient to uphold conviction

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Jayantha Jayasuriya, PC, CJ and Priyantha Jayawardena, PC, and

Case Briefs High Courts

Bom HC | Magistrate’s wide jurisdiction to acquit the accused under S. 256 (1) CrPC explained

Bombay High Court: K.R. Shriram, J., dismissed a criminal appeal filed against the order of the Metropolitan Magistrate whereby he had acquitted the

Case Briefs High Courts

Bom HC | Magistrate is empowered to make order under S. 143-A of NI Act even when plea of not guilty recorded by Advocate and not by accused himself

Bombay High Court: S.S. Shinde, J. dismissed a writ petition filed against the order of the Magistrate who had directed the petitioner to

Case Briefs Foreign Courts

Pak SC | Confessional statements ought to be carefully scrutinized – Magistrate must communicate all the relevant warnings to accused

Pakistan Supreme Court: A Full Bench of Manzoor Ahmad Malik, Syed Mansoor Ali Shah, Qazi Muhammad Amin Ahmed, JJ. allowed a criminal

Case Briefs Foreign Courts

SA HC | Child incapable of understanding the consequence of lying is incompetent witness under S. 164(1) of Criminal Procedure Act, 1977

South Africa High Court, Kwazulu–Natal Division: This appeal was preferred before the Bench of Ploos Van Amstel, J., against the order of

Case Briefs High Courts

Pat HC | Immoral Trafficking: Hotel owner present in room adjacent to rooms from where couples found in semi-naked condition – matter requiring complete trial

Patna High Court: The Bench of Ahsanuddin Amanullah, J. dismissed a hotel owner’s petition assailing dismissal of the application for his discharge,

Case Briefs High Courts

Del HC | Magistrate cannot record plea of guilt voluntarily made by accused and convict him if charges have not been framed

Delhi High Court: Sanjeev Sachdeva, J., for the reason of procedural lapses, quashed an order passed by the trial court wherein the Magistrate

Case Briefs High Courts

Del HC | Magistrate empowered to grant interim maintenance under S. 23 of DV Act from the date of filing of substantive petition under S.12

Delhi High Court: Sanjeev Sachdeva, J., while dismissing a criminal revision petition, held that the magistrate has a power to pass an order

Case Briefs Supreme Court

HC cannot sit as an appellate court while hearing revision under S. 397 CrPC

Supreme Court: In a matter where the Gujarat High Court had set aside the order passed by a Chief Judicial Magistrate who

Case Briefs High Courts

Tri HC | No infirmity in order refusing to take cognizance of police report filed on basis of incomplete investigation

Tripura High Court: The Bench of S. Talapatra, J. dismissed a criminal revision petition challenging an order whereby the Sessions Court refused

Case Briefs Foreign Courts

Mau IC | SC can direct Presiding Magistrate to designate another magistrate to hear evidence on appropriate sentence

Mauritius Intermediate Court: The Bench of B.R. Jannoo- Jaunbocus, set aside the motion of the defendant in relation to the protection of

Case Briefs High Courts

Execution of orders under Section 24 HMA in terms of CrPC unheard of; orders of ADJ purportedly acting as Magistrate set aside

Calcutta High Court: A Single Judge Bench comprising of Sabyasachi Bhattacharya, J. allowed a challenge to the order of Additional District Judge

Case Briefs High Courts

Fraud vitiates everything—Magistrate not barred under CrPC from recalling his order procured by misleading the court

Bombay High Court: A Single Judge Bench comprising of Mangesh S. Patil, J. dismissed a writ petition filed against the order of

Case Briefs High Courts

Recovery of narcotics from the body of suspect should be in compliance with statutory safeguards: Calcutta HC

Calcutta High Court: The Division Bench comprising of Joymalya Bagchi and Ravi Krishan Kapur JJ., while setting aside the conviction and sentence