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Relying on H. Venkatachala Iyengar v. B.N. Thimmajamma, 1959 Supp (1) SCR 426 (3Judge Bench), Bhagwan Kaur v. Kartar Kaur, (1994) 5 SCC 135 (3Judge Bench), Janki Narayan Bhoir v. Narayan Namdeo Kadam, (2003) 2 SCC 91(2Judge Bench) Yumnam Ongbi Tampha Ibema Devi v. Yumnam Joykumar Singh, (2009) 4 SCC 780 (3Judge Bench) and Shivakumar…
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In view of the above and for the reasons stated above, our final conclusions on the principal/core issue, whether the High Court would be justified in passing an interim order of stay of investigation and/or “no coercive steps to be adopted”, during the pendency of the quashing petition under Section 482 Cr.P.C and/or under Article…
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1. What are Cross Cases or Cross FIRs? Cross cases or Cross FIRs refer to situations where two parties file separate First Information Reports (FIRs) in response to an incident, each accusing the other of a crime. This typically happens when both parties involved in an altercation or dispute accuse each other of wrongdoing, leading…
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“11. In this connection we would like to state that if a person has a grievance that the police station is not registering his FIR under Section 154 CrPC, then he can approach the Superintendent of Police under Section 154(3) CrPC by an application in writing. Even if that does not yield any satisfactory result…
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The phrase Honourable Acquittal is neither defined in Criminal Procedure Code (CrPC) nor defined in Indian Penal Code (IPC). However, the Hon’ble Supreme Court in a plethora of cases has deliberated on the issue (of honourable acquittal) to clarify the concept and its wide ramifications 1. Introduction Acquittals play a crucial role in the criminal…
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The Supreme Court of India in Manohar Lal Sharma vs. Principal Secretary and ors., (2014) 2 SCC 532 held- 29. In the criminal justice system the investigation of an offence is the domain of the police. The power to investigate into the cognizable offences by the police officer is ordinarily not impinged by any fetters.…
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“This tendency can be curbed only if courts across the system adopt an institutional approach which penalizes such behavior. Liberal access to justice does not mean access to chaos and indiscipline. A strong message must be conveyed that courts of justice will not be allowed to be disrupted by litigative strategies designed to profit from…
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