Sanction to Prosecute Public Servants: Change in Regime — A Balancing Act
by Mrinal Shankar† and Dharma Tej Koneru††
Criminal Procedure
Allahabad HC quashes criminal proceedings against all 28 accused of violating Covid guidelines and chanting anti-police slogans while holding candle march in 2021
“Though the charge sheet is filed after due investigation without prior permission of the Court and that the Magistrate has accepted the charge sheet and taken the cognizance, it does not mean that permission is granted by the Magistrate to investigate such non-cognizable offence.”
Delhi High Court dismisses plea of PMLA accused(s) alleging illegal detention for want of judicial order granting judicial custody
The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.
Purpose of FEO Act cannot be bypassed by taking recourse to CrPC; Bombay High Court refuses relief to Mehul Choksi
The purpose of Fugitive Economic Offenders Act is to provide for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian courts, to preserve the sanctity of the rule of law in India and for matters connected therewith or incidental thereto.
Karnataka HC takes strict note of Magistrates’ callousness while permitting registration of FIRs in non-cognizable offences; Issues necessary guidelines
“Permitting registration of a FIR cannot be a frolicsome act on the part of the Magistrate” – The Court noted that callous attitude of Magistrates has given tremendous rise to huge litigations.
Delhi High Court| Mandatory Reporting under POCSO Act shall override the restrictions imposed under S. 198(1) & (3) CrPC
Delhi High Court observed that there is no distinct category within child victims of rape as those who are married and those who are not.
Uttaranchal High Court | Word “appears” under Section 319 CrPC has great significance; Higher level of satisfaction than mere prima facie case is required for summoning of an accused
Uttaranchal High Court: While allowing the revision petitions, the single judge bench of Ravindra Maithani, J. has held that Sessions
Madras High Court| Petition under Section 482 CrPC challenging a proceeding under Section 12 of the D.V. Act is not maintainable
Madras High Court: In 32 cases regarding domestic violence filed under Section 482 Code of Criminal Procedure, 1973 (CrPC), the full bench
Patiala House Court grants bail to Bollywood actress Jacqueline Fernandez in money laundering case
Patiala House Court (New Delhi): In a bail application plea under Section 439 of the Code of Criminal Procedure, 1973
Orissa High Court| Sanction must be issued under Section 197 of CrPC for taking cognizance on having ‘reasonable nexus’ with official duty
Orissa High Court: In a criminal miscellaneous petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘Code’) challenging the
Karnataka HC | Simply in order to dispose of cases, Courts should not dismiss complaints where the presence/attendance of the complainant is not an essential requirement
Karnataka High Court: While deciding the instant appeal for restoration assailing the order passed by the Trial Court wherein the
Karnataka HC issues guidelines for proper furnishing of surety for bail and prevention of fake sureties
Karnataka High Court: While deciding the instant matter arising out of a fake surety for bail which had been created
Madras High Court | Teachers directing their students to study well is part and parcel of teaching and would not amount to abetment to suicide
Madras High Court: In a case related to allegation of murder and rape of a 12th standard school-girl, G.K.Ilanthiraiyan, J.
The Fundamental Tussle between Bails and Fundamental Rights: Analysing the Vijay Chaudhary Judgment and Determining a Way Forward
by Swarnendu Chatterjee†
Cite as: 2022 SCC OnLine Blog Exp 66
Punjab and Haryana High Court dismisses the order of the Magistrate; Only Juvenile Justice Board to pass orders where there is ‘Juvenile in conflict with law’
Punjab and Haryana High Court: While dealing with an issue on joint proceedings, Vinod S. Bhardwaj, J., held that a proceeding where
Granting or non-granting interim maintenance is not punishing any litigant; Kar HC observes Proviso to S. 125 of CrPC provides discretion to court to order interim maintenance during pendency of proceedings
Karnataka High Court: M Nagaprasanna, J., dismissed the petition and refused to grant prayer as the case is at a pre matured
Fair trial is the hallmark of criminal procedure, it entails not only rights of victims but also interest of accused: Delhi HC
Delhi High Court: Manoj Kumar Ohri, J., while discussing the scope of Section 311 of the Criminal Procedure Code, 1973 with regard
EBC is back with R.V. Kelkar’s Criminal Procedure with all recent developments in the latest edition [Edn. 7th, 2021]
Author: R.V Kelkar, revised by K.N Chandrasekharan Pillai
Principles governing exercise of inherent power under Section 482 CrPC summarised
Supreme Court: The 3-judge bench of Dipak Misra, CJ and AM Khanwilkar and Dr. DY Chandrachud, JJ, explaining the principles governing the