What is Quashing of FIR? Quashing means to abate, overthrow, or to dismiss it or to make it completely void. Generally, quashing of an FIR (first information report) in criminal proceedings means completely stopping the process of the legal proceedings that are in process. Section 482 Cr.P.C enables the High Courts to pass such order of Quashing of FIR to secure the ends of Justice
Category: Criminal Law
Anticipatory Bail Not Maintainable After Cancellation Of Regular Bail : Held By Supreme Court Of India
Anticipatory Bail Not Maintainable The Question of Law regarding the maintainability of Anticipatory Bail after the cancellation of regular Bail has been decided by the Supreme Court of India.
Guidelines on Maintenance u/s 125 CrPC laid down by Supreme Court and ensures uniformity
Guidelines on Maintenance laid down by Supreme Court. The right to claim maintenance under all enactments, including those under Section 125 of the CrPC, must date back to filing of…
Is Foreign Divorce valid in India ?
Is Foreign Divorce valid in India ? or Whether the divorce granted in abroad is valid in India? This question is becoming common in our society. Often it is seen, the people having different temperament could not settle as happily married couple and therefore they tend to part from each other and opt for the decree of Divorce. Now, the difficulty arises when one of the parties has their domicile in one county and one of them obtains matrimonial relief in other country
Death in police custody – No quashing of FIR against former Director General of Police of Punjab Police and transfer of his case to CBI.
PUNJAB AND HARYANA HIGH COURT Before :- Fateh Deep Singh, J. CWP No.12186 of 2020 (O&M). D/d. 08.09.2020. Sumedh Singh Saini – Petitioner Versus State of Punjab and others –…
Further Investigation – Where the constitutional court is satisfied that the investigation is not conducted in a proper manner a fresh investigation with the help of an independent agency can be considered to secure the ends of justice – Power may also be exercised if investigation has been done to help someone escape the clutches of the law.
SUPREME COURT OF INDIA Before :- R.F. Nariman, Navin Sinha and Indira Banerjee, JJ. Writ Petition (Crl.) No.141 of 2020. D/d. 16.9.2020. Neetu Kumar Nagaich – Petitioners Versus The State…
302 IPC converted to 304 part II IPC. Husband killed his wife finding her in compromising position with stranger, sentenced to 5 year R.I.
302 IPC converted to 304 part II IPC.
Conviction – Recovery of 20 kgs ‘charas’ – Narcotic powder/charas seized from possession of accused never produced before trial Court as material exhibit – Seizure panchnama not drawn at the spot where contraband recovered from car but drawn at Shamlaji Circuit House 12 km. Away – Private Car not a public conveyance, hence, search of private Car requires search-warrant even if search carried out on highway – Conviction reversed
Conviction - Recovery of 20 kgs 'charas' - Narcotic powder/charas seized from possession of accused never produced before trial Court as material exhibit - Seizure panchnama not drawn at the spot where contraband recovered from car but drawn at Shamlaji Circuit House 12 km. Away - Private Car not a public conveyance, hence, search of private Car requires search-warrant even if search carried out on highway - Conviction reversed
Preventive detention – Activities of detenu were harmful to maintenance of public order – Non-application of mind in passing detention order – Order set aside.
BOMBAY HIGH COURT (DB) Before:- S.S. Shinde and N.B. Suryawanshi, JJ. Criminal Writ Petition No. 5396 Of 2019. D/d. 19.12.2019. Ramalu Kankayya Bhandari – Petitioner Versus The Commissioner of Police,…
Law of Bail
Law of Bail: Anticipatory Bail, Regular Bail, Bailable offence, Non Bailable Offence, Cognizable & non cognizable office, Discretion, Default bail, Section 167(2) Crpc, Computation of period, case laws, gravity of offence, Cancellation of bail, Bail under NDPS, Bail to juveniles