In the aforesaid context, I would like to issue few directions.

  Vishalkumar Shyamjibhai Chauhan Versus State of Gujarat In the aforesaid context, I would like to issue few directions. DIRECTIONS I direct the Magistrates that when accused punishable with up to seven years imprisonment are produced before them remands may be granted only after the Magistrate satisfy themselves that the application for remand by the […]

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Therefore, the contention on behalf of the petitioner that receipt of the copy of the FIR by the learned Magistrate should also be considered to be the “pending proceeding” before the learned Magistrate, cannot be accepted.            

However, there is an exception to that procedure. If any proceedings are pending before the Magistrate against the concerned accused involving the accused in the bailable offenses, in that case, such an accused can straightway appear and surrender before the learned Magistrate before whom the proceedings are pending and give bail, and in that case, […]

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. Having heard the learned counsel appearing for the parties and having gone through the materials on record, two questions fall for my consideration;

H. VASAVADA VS. SHANKERLAL GOVINDJI JISHI & 1 Para 15. Having heard the learned counsel appearing for the parties and having gone through the materials on record, two questions fall for my consideration; First, on what ground an order granting sanction can be challenged at the very initial stage before the parties had an opportunity […]

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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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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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