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Magistrate

Case BriefsHigh Courts

Kar HC | In cases of ‘exceptional circumstances’ first remand proceedings can be permitted through video conferencing

Karnataka High Court: While deciding the issue of conducting remand proceedings under Section 167 of Criminal Procedure Code, 1973 by use of

Published on June 18, 2020October 3, 2023By Bhumika Indulia
Leave a comment5298 views
Case BriefsHigh Courts

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

Published on January 23, 2020January 27, 2020By Bhumika Indulia
3 Comments20760 views
Case BriefsHigh 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

Published on December 27, 2019December 27, 2019By Bhumika Indulia
Leave a comment3975 views
Case BriefsHigh 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

Published on December 21, 2019December 23, 2019By Bhumika Indulia
Leave a comment6950 views
Case BriefsHigh 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

Published on December 18, 2019January 3, 2020By Bhumika Indulia
Leave a comment4464 views
Case BriefsHigh 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

Published on December 16, 2019December 19, 2019By Bhumika Indulia
Leave a comment5317 views
Case BriefsHigh 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

Published on December 10, 2019December 12, 2019By Bhumika Indulia
Leave a comment3876 views
Case BriefsForeign 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

Published on December 2, 2019By Bhumika Indulia
Leave a comment3004 views
Case BriefsHigh 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

Published on November 29, 2019December 2, 2019By Bhumika Indulia
Leave a comment9870 views
Case BriefsHigh 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

Published on July 22, 2019July 24, 2019By Bhumika Indulia
1 Comment9142 views
Case BriefsForeign 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

Published on June 28, 2019July 5, 2019By Bhumika Indulia
Leave a comment3287 views
Case BriefsForeign 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

Published on May 9, 2019May 9, 2019By Bhumika Indulia
Leave a comment3828 views
Case BriefsHigh 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,

Published on May 2, 2019May 7, 2019By Bhumika Indulia
Leave a comment4065 views
Case BriefsHigh 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

Published on April 26, 2019April 30, 2019By Bhumika Indulia
Leave a comment5322 views
Case BriefsHigh 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

Published on March 4, 2019March 5, 2019By Bhumika Indulia
1 Comment14232 views
Case BriefsSupreme 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

Published on February 6, 2019February 8, 2019By Prachi Bhardwaj
Leave a comment5736 views
Case BriefsHigh 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

Published on January 29, 2019January 28, 2019By Bhumika Indulia
Leave a comment5285 views
Case BriefsForeign 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

Published on January 22, 2019January 22, 2019By Bhumika Indulia
Leave a comment3269 views
Case BriefsHigh 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

Published on September 11, 2018September 19, 2018By Bhumika Indulia
Leave a comment9976 views
Case BriefsHigh 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

Published on August 23, 2018August 27, 2018By Bhumika Indulia
Leave a comment12668 views

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