section 482 crpc Archives

Del HC | Offences under S. 377 IPC & S. 4 POCSO Act committed on a child aged 7 years, father of victim sought quashing of FIR: Will HC quash the FIR? Read to know

Delhi High Court: Subramonium Prasad, J., in regard to quashing of FIRs expressed that: “High Court cannot mechanically quash FIRs for non-compoundable

Case Briefs High Courts

All HC | Woman commits suicide after various cases against her, being subjected to harassment at matrimonial home. Can a case of abetment of suicide be established? HC discusses

Allahabad High Court: Dinesh Kumar Singh-I, J., while discussing abetment of suicide, stated that: “…if some act either of omission or commission

Case Briefs High Courts

All HC | “If a Judge makes a mistake, then from where will the general public get fair justice”; HC warns Judicial Magistrate to remain careful while passing Judicial Orders

Allahabad High Court: Manju Rani Chauhan, J., expressed that: “At the present time, only from the temple of justice like Courts, everyone

Case Briefs High Courts

HP HC | Inherent powers under S. 482 CrPC is not inhibited by S. 320 CrPC and FIR as well as criminal proceedings can be quashed by exercising the same; HC reiterates

Himachal Pradesh High Court: Vivek Singh Thakur, J., while exercising powers under Section 482 CrPC, allows the present petition, stating, “… power

Case Briefs High Courts

Madras HC | When in circumstances registration of case is itself an abuse of process of law, Court can exercise inherent powers

Madras High Court: R. Pongiappan, J., addressed the Criminal Original Petition seeking to quash the First Information Report of first respondent police as

Case Briefs High Courts

Gau HC | If a woman is divorced, will her status as a wife entitling her to maintenance under S. 125 CrPC change? Read HC’s position

Gauhati High Court: Soumitra Saikia, J., observed that “..a valid decree of divorce by itself is no ground to deny the maintenance to

Case Briefs High Courts

P&H HC | Under S. 499 IPC, is it only the ‘family members’ or ‘near relatives’ of deceased person, against whom imputations have been made, can claim to be ‘persons aggrieved’? Court explains

Punjab and Haryana High Court: Sanjay Kumar, J., quashed the proceedings under Section 499 IPC against the petitioner holding that the complainant was

Case Briefs High Courts

Del HC | Is it necessary for trial and inquiry for an offence to take place only where the occurrence would have taken place? Law in regard to ‘Jurisdiction’ explained

Delhi High Court: Suresh Kumar Kait, J., addressed a matter involving the determination of jurisdiction with regard to the occurrence of a

Case Briefs High Courts

All HC | While exercising inherent jurisdiction under S. 482 CrPC, can High Court make any comment on factual matrix of the case? Court answers

Allahabad High Court: Ram Krishna Gautam, J., held that as per Section 482 Criminal Procedure Code, 1973, while exercising the inherent jurisdiction, High

Case Briefs High Courts

Kar HC | Whether Magistrate is required to give elaborate reasons for taking cognizance and summoning the accused in view of report under S. 173 CrPC? Legal position discussed

Karnataka High Court: Michael Cunha J., dismissed the writ petition being found that the criminal action was rightly initiated against the petitioner.

Case Briefs High Courts

HP HC | Legislative intent of NI Act, 1881 is not to send the people to suffer incarceration but to execute recovery of cheque amount by showing teeth of penalty loss; conviction set aside

Himachal Pradesh High Court: Anoop Chitkara, J., setting aside the conviction against the petitioner, discussed the effect of compromise between the parties

Case Briefs High Courts

Megh HC | “Facebook post sought to create a divide to cordial relationship between tribal & non-tribal living in Meghalaya”; Criminal Case against journalist refused to be quashed over Facebook post

Meghalaya High Court: W. Diengdoh, J., while refusing to quash a criminal case against a journalist as the Facebook post shared by the

Case Briefs High Courts

Ker HC | No blanket order should be passed under S. 438 CrPC to prevent accused from being arrested when there is no crime registered against him; Court quashes order granting anticipatory bail

Kerala High Court: P. Somarajan J., allowing the present criminal miscellaneous case, clarified the law related to anticipatory bail under Section 438

Case Briefs High Courts

Kar HC | Exercising power under S. 482 CrPC, Court quashes chargesheet against arrayed accused in absence of any prima facie case

Karnataka High Court: Ashok G. Nijagannavar, J., allowing the present petition, quashed the chargesheet filed and made significant observations with respect to

Case Briefs High Courts

Utt HC | Activity promoting mutual hate and tension based on religion, race, caste, community or language can never result in fair elections; Court dismisses application to quash Charge-Sheet

Uttaranchal High Court: Alok Kumar Verma, J., dismissed an application which was filed under Section 482 of the Code of Criminal Procedure,

Case Briefs High Courts

Utt HC | Limitation under S. 468 CrPC is applicable at the time of cognizance, not consequent thereupon

Uttaranchal High Court: Ravindra Maithani, J., while discussing the scope of Section 482 of the Code of Criminal Procedure, 1973 and the object

Case Briefs High Courts

Del HC | “No exception to remedy against orders of custody under Domestic Violence Act”: Court dismisses S. 482 CrPC petition in view of S. 29 DV Act

Delhi High Court: Jyoti Singh, J., while addressing the maintainability and legality of a petition filed under Section 482 of Criminal Procedure Code,

Case Briefs High Courts

Kar HC | Absolute protection to Judicial Officers under S. 3 (1) of Judges (Protection) Act; Suo-motu proceedings initiated to quash criminal complaint against Judicial Officer

Karnataka High Court initiated suo motu proceedings to quash criminal complaint against a Civil Judge, Ballari District. Absolute protection granted to Judicial

Case Briefs High Courts

Del HC | Legislature provides remedy of Appeal under S. 29 of Protection of Women from Domestic Violence Act against all orders

Delhi High Court: Jyoti Singh, J., while addressing a matter with regard to “custody order” as being the primary relief, held that, Legislature

Case Briefs High Courts

HP HC | High Court has inherent power under S. 482 CrPC to quash FIR even in non compoundable cases due to amicable settlement; Not to be exercised in cases of heinous nature

Himachal Pradesh High Court: Sandeep Sharma, J. allowed the petition observing that High Court has inherent power to quash criminal proceedings even