The mere initial grant of anticipatory bail for a lesser offence did not entitle the respondent to insist on regular bail even if he was subsequently found to be involved in the case of murder. Neither Section 437 (5) nor Section 439 (1) of the Code was attracted.

Prahlad Singh Bhati Vs. N.C.T., Delhi & Anr. Even though there is no legal bar for a Magistrate to consider an application for grant of bail to a person who is arrested for an offence exclusively triable by a court of Sessions yet it would be proper and appropriate that in such a case the […]

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By this application under section 482 of the Code of Criminal Procedure, 1973, the applicant’s original accused persons call in question the legality and validity of the order dated 31.12.2012 passed

HANIF USMANBHAI KALVA & 3 Versus STATE OF GUJARAT By this application under section 482 of the Code of Criminal Procedure, 1973, the applicant’s original accused persons call in question the legality and validity of the order dated 31.12.2012 passed by the learned Additional District Judge & Additional Sessions Judge, Bhavnagar below exhibit – 7 […]

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The question, therefore, emerges as to whether the complainant/informant/ prosecution would be precluded from seeking a remedy if the investigating authorities have failed in their duty by not including all the sections of the IPC on which offence can be held to have been made out in spite of the facts disclosed in the FIR

At this stage, the Chief Judicial Magistrate after submission of the charge sheet appears to have entertained an application of the Complainant for the addition of three other sections into the charge sheet, completely missing that if it were a complaint case lodged by the complainant before the magistrate under section 190 (a) of the […]

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In order to find the answer, we now advert to the appraisal of Dharampal’s Case.

In order to find the answer, we now advert to the appraisal of Dharampal’s Case. The discussion up to this stage answers the powers of the Magistrate by laying down the principle that even if the case is triable by the Court of Session, the function of the Magistrate is not to act merely as […]

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FACT The appellants in this appeal are the parents of one Abhimanyu Singh who was married to Renu on 24.02.2014. Renu was found dead on 27.11.2014 i.e. within ten months of the wedding. The cause of death was Asphyxia due to hanging. An FIR was lodged by respondent No. 2 herein (Father of deceased) alleging that Renu was done to death by her husband Abhimanyu Singh as well as his parents (appellants herein) for not satiating the dowry demands of the accused persons.

BALVEER SINGH & ANR Vs. STATE OF RAJASTHAN & ANR FACT The appellants in this appeal are the parents of one Abhimanyu Singh who was married to Renu on 24.02.2014. Renu was found dead on 27.11.2014 i.e. within ten months of the wedding. The cause of death was Asphyxia due to hanging. An FIR was […]

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Para 4: I take notice of the fact that the Investigating Officer filed a report in the Court of the Judicial Magistrate First Class, Deesa for the addition of Section 326 of the Indian Penal Code on the ground that the injured sustained a fracture in her hand.

Sureshkumar Taraji Mali V/s. State of Gujarat Para 4: I take notice of the fact that the Investigating Officer filed a report in the Court of the Judicial Magistrate First Class, Deesa for the addition of Section 326 of the Indian Penal Code on the ground that the injured sustained a fracture in her hand. […]

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There was a private complaint within the meaning of section 190(1)(a) of the code. The matter was referred to the Police under section 156(3).

In H.S. Bains (supra), there was a private complaint within the meaning of section 190(1)(a) of the code. The matter was referred to the Police under section 156(3). The Investigating Officer filed a final report. Therein, the court took view that apart from the power of the Magistrate to take cognizance notwithstanding the final report, […]

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The Magistrate could not be compelled to treat the protest petition as a complaint.

The Magistrate could not be compelled to treat the protest petition as a complaint. VISHNU KUMAR TIWARI VERSUS STATE OF UTTAR PRADESH THROUGH SECRETARY HOME, CIVIL SECRETARIAT LUCKNOW AND ANOTHER The second respondent, in this appeal generated by special leave, got registered a First Information Report which invoked Sections 201, 304B and 498A of the […]

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