Magistrate

Case BriefsHigh Courts

All HC | If a husband denies being married in a proceeding under S. 125 CrPC, what should the Magistrate determine? Explainer

Allahabad High Court: Raj Beer Singh, J., observed that: “The object of the Section 125 CrPC being to afford a swift remedy,

Case BriefsHigh Courts

Telangana HC | Is the power to take cognizance of an offence under SC & ST (Prevention of Atrocities) Act, 1989 vested with Magistrate or is there a Special Court for the purpose? Court answers in light of SC decisions

Telangana High Court: P. Naveen Rao, J., discussed and reiterated the scope of The Scheduled Castes and the Scheduled Tribes (Prevention of

Case BriefsHigh CourtsTribunals/Commissions/Regulatory Bodies

Yearly Wrap Up | A Reflection on 2020

It’s the last day of 2020, and here we are with the 20 most-read Case Briefs of the SCC Online Blog in

Case BriefsHigh Courts

MP HC | It is true that alternative remedy is not an absolute bar to a writ petition, but it is equally well settled that if there is an alternative remedy HC should not ordinarily interfere

Madhya Pradesh High Court: S.A. Dharmadhikari, J., dismissed the instant petition filed under Articles 226 and 227. The facts of the case

Case BriefsHigh Courts

Chh HC | Whether the ‘bank account’ falls within the term “property” under S. 102 (1) CrPC? HC elaborates in regard to the settled position of law

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the petition holding that bank account is considered as property within the meaning of

Case BriefsHigh Courts

Bom HC | Can Family Court entertain application for reliefs under Ss. 18 to 22 of the Protection of Women from Domestic Violence Act, 2005? HC answers

Bombay High Court: C.V. Bhadang, J., addressed whether the Family Court can application for reliefs under Section 18 to 22 of the

Case BriefsHigh Courts

Bom HC | Does NI Act authorises a complainant to fill an incomplete cheque? Court discusses while reversing acquittal of accused under S. 138 NI Act

Bombay High Court: Vibha Kankanwadi, J., reversed the acquittal of the respondent-accused holding him guilty of having committed an offence under Section 138

Case BriefsHigh Courts

[Flashback] Pendency of Cases being a pressing issue, Madras HC in its 2018 decision had issued guidelines highlighting: Cases of Absconding Persons || Detailed Report

Madras High Court: N. Anand Venkatesh, J., issued guidelines pertaining to deal with cases wherein accused persons are absconded leading to the pendency

Case BriefsHigh Courts

Kar HC | Whether Magistrate is required to give elaborate reasons for taking cognizance and summoning the accused in view of report under S. 173 CrPC? Legal position discussed

Karnataka High Court: Michael Cunha J., dismissed the writ petition being found that the criminal action was rightly initiated against the petitioner.

Case BriefsHigh Courts

Kar HC | Is it mandatory to file an affidavit for invocation of jurisdiction of Magistrate under S. 156(3) CrPC? Petition allowed partly

Karnataka High Court: John Michael Cunha J., allowed the petition partly stating that Section 156(3) CrPC applications are to be supported by

Case BriefsHigh Courts

AP HC | Can the Magistrate apart from police officer be liable for departmental action along with Contempt of Court before HC? Law explained in light of Arnesh Kumar’s decision by SC

Andhra Pradesh High Court: Lalitha Kanneganti, J., addressed a matter wherein the accused was arrested without warrant alleged to have posted certain material

Case BriefsHigh Courts

J&K HC | Magistrate can delegate power of verifying allegations before registration of FIR while entertaining an application under S. 156(3) CrPC; Petition dismissed

Jammu and Kashmir High Court: Sanjay Dhar J., while dismissing the present petition challenging the delegation of power by the Magistrate to

Case BriefsForeign Courts

SL CoA | Writ Court cannot monitor criminal investigations as a Magistrate; Court dismisses appeal in the Easter Sunday Terror Attack case hinting re-arrest in case of discovery of new evidence

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of Mahinda Samayawardhena and Arjuna Obeyesekere, JJ., while

Case BriefsHigh Courts

Kar HC | Whether the indefeasible right of an accused to seek compulsive bail under S. 167(2) CrPC is defeated by the unilateral extension of time by the Court; HC elaborates

Karnataka High Court: John Michael Cunha, J., while allowing the present application for bail under Section 439 Criminal Procedure Code, 1973 made

Case BriefsForeign Courts

SL SC | Accused of S. 314 Penal Code acquitted by the magistrate to be retried; Court dismisses appeal

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Bench of Buwaneka Aluwihare, LTB Dehideniya and P Padman Surasena, JJ.,

Case BriefsHigh Courts

Madras HC | Limitation provided under CrPC is applicable to complaints under Domestic Violence Act: Court rejects complaint filed after lapse of 1 yr 10 months

Madras High Court:  G.K. Ilanthiraiyan, J., quashed the proceedings filed under the Domestic Violence Act in light of being barred by limitation.

Case BriefsHigh Courts

Del HC | In light of COVID-19, Magistrates should record statements of children under S. 164 CrPC over video conferencing or by visiting observation homes

Delhi High Court: A Division Bench of D.N. Patel, CJ and Prateek Jalan, J., directed that the statements under Section 164 of

Op EdsOP. ED.

Restoration of Criminal Complaint by Magistrate: Aiding Justice by Amending Law

by Abhishek Goyal*

Case BriefsHigh Courts

Kar HC | In cases of ‘exceptional circumstances’ first remand proceedings can be permitted through video conferencing

Karnataka High Court: While deciding the issue of conducting remand proceedings under Section 167 of Criminal Procedure Code, 1973 by use of

Case BriefsHigh Courts

Cal HC | Rejection of complaint under S. 156(3) CrPC by Magistrate without taking cognizance under S. 190(1)(a) is an error in law; correct approach explained

Calcutta High Court: Madhumati Mitra, J., allowed a criminal revision application filed against the order of the Magistrate whereby he had rejected the