Criminal Lawyer

[Quashing] At the stage of FIR, the allegations in the FIR/Complaint only are required to be considered, but when the charge-sheet is filed the HC is to consider the evidence also collected during investigation: SC

By team of Advocate Retainer August 16, 2021 - 06:30

The SC on Aug 13, 2021 {Kaptan Singh vs. The State of Uttar Pradesh and others} held that exercise of powers under Section 482 Cr.P.C. to quash th...

Posted in After filing of Chargesheet, HC cannot act as trial/appellate court, Merits of matter in quashing, Possession without making complete payment - entrustment, quashing, Quashing in rare cases, Sec 406 IPC, Sec 482 Cr.P.C.

By team of Advocate Retainer July 20, 2021 - 08:30

The SC on July 20, 2021 {A P MAHESH COOPERATIVE URBAN BANK SHAREHOLDERS WELFARE ASSOCIATION VS. RAMESH KUMAR BUNG AND ORS.} held that it was p...

Posted in Interim Relief, quashing, Stay arrest

By team of Advocate Retainer July 02, 2020 - 12:00

The Bombay High Court on 30 June, 2020 {Arnab Ranjan Goswami vs State of Maharashtra and others} held that the object of or the target of the peti...

Posted in Constitutional Validity Challenge to provisions, Promoting Hatred in different religions, Quashing, Sec 482 Cr.P.C., Stay of investigation

By team of Advocate Retainer June 20, 2020 - 13:00

The SC on June 18, 2020 {D. DEVARAJA vs OWAIS SABEER HUSSAIN} held that the object of sanction for prosecution, whether under Section 197 of the C...

Posted in Criminal Complaint, Police Officer, quashing, Sanction for prosecution, Sec. 197 Cr.P.C., Sec. 482 Cr.P.C.

By team of Advocate Retainer June 11, 2020 - 12:00

The Delhi High Court on June 11, 2020 {VINOD DUA vs STATE (GOVT. OF NCT OF DELHI)} held that there is substantial unexplained delay in filing of t...

Posted in Art 226, quashing, Sec 153A IPC, Sec 505 IPC, Sec. 482 Cr.P.C., Stay of investigation

By team of Advocate Retainer May 19, 2020 - 08:30

The SC on May 19, 2020 {Arnab Ranjan Goswami v. Union of India & Ors.} reiterated that “there can be no second FIR” where the information conc...

Posted in Art 32, Defamation, Line of Interrogation, Multiple FIR, quashing, Transfer of investigation to CBI

By team of Advocate Retainer April 25, 2020 - 09:30

The SC on April 24, 2020 {Kanwal Tanuj v State of Bihar & Ors.} held that consent of the State under Section 6 of the Delhi Special Police Es...

Posted in CBI FIR & Investigation, DSPE, quashing, State Consent