cognizable offence Archives

Investigating Agencies deserve reasonable time to conduct investigation, Supreme Court sets aside Madras HC order quashing a criminal proceeding in haste

The Supreme Court noticed that in the case at hand, without giving any reasonable time to the investigating agency to investigate the allegations in the FIR, the Madras High Court has, in haste, quashed the criminal proceedings.

Op Eds OP. ED.

The Unfathomable Interpretation of Section 437(1)(ii) of the Code of Criminal Procedure, 1973

by Mohit Gupta

Case Briefs Supreme Court

Confessions made to Additional SP under Section 12 MCOCA not inadmissible; rank of SP includes SP, Additional SP, DCP: SC

“A difference in the seniority of a particular officer is not the same as a difference in their ranks.”

Case Briefs Supreme Court

Explained| Nature of offence under Section 63 of Copyright Act – Cognizable or Non-cognizable?

Supreme Court: In a case where the Trial Court had held that the offence under Section 63 of the Copyright Act is

Case Briefs Supreme Court

Forum Shopping and Power of High Court u/s 482 CrPC; Supreme Court tells when to convert a civil complaint into criminal case

“Forum shopping has been termed as disreputable practice by the courts and has no sanction and paramountcy in law.”

Case Briefs High Courts

People using cyberspace to vent out anger and frustration by travestying key-figures holding highest office in country, is abhorrent and violates right to reputation: All HC

“Posting & sharing unhealthy materials with unparliamentary language and remarks, etc. on social media without any solid basis cause a deleterious effect

Case Briefs High Courts

Bom HC | Anil Deshmukh ‘prima facie’ committed cognizable offence, but No immediate FIR by CBI. Credibility of State machinery at stake: HC directs CBI to conclude preliminary investigation preferably within 15 days

“It is said that none can see time, but many a time, time makes us see many things hitherto before unseen. So true.”

─ Bombay High Court

Case Briefs High Courts

Guj HC | High Court cannot exercise its inherent jurisdiction to quash the proceedings unless it is found that, allegations do not disclose the commission of cognizable offence

Gujarat High Court: Ilesh J. Vohra, J., heard a matter related to offences alleged under Sections 376 (2) (n), 377, 406, 498(A),

Case Briefs High Courts

TN Custodial Deaths | Madras HC | Suo motu cognizance of “Jayaraj & Bennicks” matter already taken on Judicial side; PIL seeking registration of FIR against police excesses — closed

Madras High Court: A Division Bench of M. Sathyanarayanan and P. Rajamanickam, JJ., while stating that it has already on the Judicial side

Case Briefs High Courts

Del HC | No investigation against Ganga Ram Hospital for now: Court grants interim stay on investigation into FIR filed by Delhi Govt [Read detailed report]

Delhi High Court: C. Hari Shankar, J., granted an ad-interim injunction and restrained police from making any investigation against Ganga Ram Hospital in

Case Briefs High Courts

Chh HC | Prospective accused is neither necessary nor a proper party in a writ petition seeking direction for registration of FIR and investigation into cognizable offence

Chhattisgarh High Court: A Full Bench of Prashant Kumar Mishra, Rajendra Chandra Singh Samant and Gautam Chourdiya, JJ., has held that the prospective

Case Briefs High Courts

Bom HC | Police Inspector to pay Rs 1 lakh compensation to petitioners for high-handed action and illegal detention under S. 151 (1) CrPC

Bombay High Court: A Division Bench of Z.A. Haq and M.G. Giratkar, JJ., partly allowed a criminal writ petition filed against the alleged

Case Briefs High Courts

P&H HC | Police officer has all pervasive powers to arrest a person during investigation, without any assistance from Magistrate or Court

Punjab and Haryana High Court: Rajbir Sehrawat, J., addressed the petition filed under Sections 482 and 483 of CrPC for quashing of FIR

Case Briefs High Courts

Pat HC | Quashing of FIR denied as tampering with meter installed at house is cognizable offence under S. 135 of Electricity Act

Patna High Court: Ashwani Kumar Singh, J., dismissed the application for quashing of FIR as the FIR clearly stated the incidence of tampering

Case Briefs High Courts

Chh HC | S.378(1)(b) CrPC bars appeal in HC against acquittal order passed by Magistrate in a cognizable and non-bailable offence, reiterated

Chhattisgarh High Court: A Division Bench of Prashant Kumar Mishra and Goutam Chourdiya, JJ. dismissed an application filed by the State seeking leave

Case Briefs High Courts

Pat HC | Court reiterates that it has no role to play while investigation by police is still underway

Patna High Court: Ashwani Kumar Singh, J. dismissed an application for the quashing of FIR by the petitioner under Articles 226 and

Case Briefs High Courts

All HC | Power under S. 482 CrPC to be used for limited purpose as frequent and uncalled interference at preliminary stage may obstruct the progress of inquiry

Allahabad High Court: Dinesh Kumar Singh, J. disposed of the petition on the ground that no substantial ground was made for exercising

Case Briefs High Courts

All HC | Disputed defense of accused can’t be considered when evidence gathered by IO can’t be scrutinized by Court

Allahabad High Court: Dinesh Kumar Singh, J. quashed the application under Section 482 of Code of Criminal Procedure, 1973 on the ground

Case Briefs High Courts

Guj HC | Plea seeking registration of FIR allowed with instructions to police officials to complete inquiry in stipulated time

Gujarat High Court: A Bench of Sonia Gokani, J., while hearing the grievance of the petitioner regarding non-filing of FIR, ordered the

Case Briefs High Courts

Guj HC | Reasons to be mentioned by Police to the complainant for not lodging FIR in a cognizable offence within a week

Gujarat High Court: The Bench of Sonia Gokani, J. disposed of a petition with the direction to lodge the FIR if any