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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
A petition under Section 274 BNSS is entertained when there is a challenge to the framing of charges or the manner in which plea is recorded, especially if there is a violation of the procedural provisions of Section 274. For instance, if the plea is recorded in a typographical or pre-mechanized manner, violating the mandatory requirements, the court may consider the petition. ["
REKHA AGRAWAL VS RINA MALLIK - Chhattisgarh
"]Main points and insights:
REKHA AGRAWAL VS RINA MALLIK - Chhattisgarh
"].REKHA AGRAWAL VS RINA MALLIK - Chhattisgarh
"].REKHA AGRAWAL VS RINA MALLIK - Chhattisgarh
"].In contrast, petitions under Section 528 BNSS are entertained for seeking quashment of proceedings, especially when allegations are similar to previous cases or if the proceedings are found to be without merit ["2024 Supreme(Online)(Ker) 84059"], ["2025 Supreme(Online)(Ker) 46062"], ["2025 Supreme(Online)(Tel) 13505"].
Analysis and conclusion:
REKHA AGRAWAL VS RINA MALLIK - Chhattisgarh
"].
00230020387
. The initiation of penalty proceedings under Section 274(2) depends on the satisfaction of the assessing authority that the conditions for penalty are satisfied during proceedings 1980 0 Supreme(P&H) 137.\n\n### Timing of Proceedings\n\nInitiation links to when satisfaction is recorded, usually during or post-assessment 1993 0 Supreme(SC) 696. No strict timeframe, but must align with ongoing proceedings. In BNSS context, courts emphasize timely compliance, as seen in challenges to notices under Section 94 BNSS, where personal attendance was upheld for thorough inquiries 2025 Supreme(Online)(Cal) 3236.\n\n### Law in Force at the Time of Satisfaction\n\nJurisdiction depends on prevailing law when satisfaction forms. Amendments are prospective; e.g., threshold changes apply forward 1959 0 Supreme(Ori) 43 1979 0 Supreme(P&H) 142. This mirrors BNSS transition: Just like no petitions are entertained if filed under the CrPC 1898, similarly, no petitions can be entertained if filed under CrPC 1973... Resultantly, there shall be a stay... to enable them to file a petition under S. 482 BNSS, 2023 2024 0 Supreme(P&H) 544. Pending CrPC matters saved under BNSS Section 531, but new post-July 1, 2024, follow BNSS.\n\n## Insights from Related BNSS Cases\n\nCourts apply similar logic across BNSS petitions:\n\n- Writ Challenges: Petitions challenging Section 94 BNSS notices (personal attendance) dismissed for lack of merits; Consequently, I do not find any merits in the present writ petition 2025 Supreme(Online)(Cal) 3236.\n- Bail Applications: Entertained under
Learned senior advocate appearing for the petitioners submits that since the provisions of Article 226(2) of the Constitution of India approves the writ petition to be entertained by this Court he has challenged the notice issued under Section 94 of the BNSS to the limited extent ... the BNSS. ... Consequently, I do not find any merits in the present writ petition. Accordingly, WPA 13248 of 2025 is dismissed. ... Petitioners have challenged the notice under Section 94 of the BNSS in....
Just like no petitions are entertained if filed under the CrPC 1898, similarly, no petitions can be entertained if filed under CrPC 1973. ... Resultantly, there shall be a stay on the petitioners’ arrest for two weeks to enable them to file a petition under S. 482 BNSS, 2023. 17. Petition disposed of in terms mentioned above, with liberty reserved to file under S. 482 of BNSS, 2024. ... [5] In the circumstances, since the present petition has been filed after 01.07.2....
The main contention of the learned counsel for the petitioner is that the plea recorded in pre mechanized manner, in a typographical manner, which is a violation of provision of Section 274 of BNSS, 2023. 6. Section 274 of BNSS, 2023 states as under: 274. ... After hearing the parties, the learned JMFC has framed the charges under Section 274 of BNSS, and the plea of the accusation has been prepared vide order dated 08.07.2025. ... Therefore, there is a violation of t....
NO. 274 OF 2024. ... No. 274/2024 is a petition filed under Section 311 of the Code of Criminal Procedure (`Cr.P.C’ for short) by the prosecution to recall PW18, the Investigating Officer, to clarify and explain the documents marked on the side of the accused as Exts. ... NO. 274 OF 2024 DATED 24/ 07/ 2024 FILED BY PROSECUTION. Annexure 2 A TRUE PHOTO COPY OF OBJECTION DATED 30/07/ 2024 IN CRL.M.P. NO. 274 OF 2024 FILED BY ACCUSED. ... Resultantly, the petition is allowed and PW18 is....
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “ BNSS ”) seeking regular bail. 2. ... Nos.9749, 9261, 9275, 9283, 9285, 9308, 9349, 9350, 9352, 9355, 9357, 9359, 9360, 9574, 9738, 9742, 9743, 9747, 9748, 9790, 9795, 9836, 9837, 9838, 9839, 9840, 9841, 9842, 9844 and 9845 of 2025, arises out of Crime Nos. 191/CB/KLM&PT, 277/CB/KLM&PT, 276/CB/KLM&PT, 275/CB/KLM&PT, 274/CB
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’). 2. ... In the factual scenario, I am of the view that this bail application can be entertained, as relegating the petitioner to the Sessions Court at this stage would cause serious prejudice. 9. In Sushila Aggarwal and Others v. State (NCT of Delhi) and Another [ 2024 SCC OnLine SC 274 ], it has been held that a mere assertion on the part of the State while opposing the plea for anticipatory bail that custodial interrogation is required would not be sufficie....
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). ... ORDER: This Criminal Petition is filed under Section 528 of a href="./.. ... A coordinate bench of this Court had considered the similar allegations in Criminal Petition Nos.13228 of 2024, 5502 of 2023, 1296 of 2024, 11743 of 2023, 1231 of 2021 and 3948 of 2025 and concluded that the allegations are not making out any case to prosecute the petitioner therein, as the same is
TUKARAMJI CRIMINAL PETITION No.6618 of 2025 ORDER: This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking ... For the aforesaid reasons, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.8 in S.C.NDPS.No.274 of 2022 on the file of the learned Metropolitan Session Judge, Nampally at Hyderabad, are hereby quashed. ... quashment of the proceedings in S.C.NDPS.No.274#HL_....
BNSS , 2023 and also the directions issued by this Court in Writ Petition No.7526/2024 dated 27th September 2024 at paragraph Nos.10 and 11 stated hereinabove. ... What has driven the petitioner to this Court in the subject petition is, a unique circumstance of interpretation of Section 223 of the BNSS . BNSS , 2023 by relying upon Section 531 of BNSS , 2023.
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioners/accused Nos.2 to 5 in D.V.C.No.10 of 2025, on the file of the learned Principal Judicial First Class Magistrate, Mahabubabad, registered for the ... JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.274 of 2026 DATE OF ORDER:- 09.01.2026 Between: Polineni Naga Rani @ Sandhya Rani, R/o.Yadadri Bhuvanagiri District & 3 others. ... ____________________....
As a result of this along with other sets of petition, the present petition also appears to have been entertained. 3. In addition to aforesaid main submissions, multiple contentions have been raised.
3. In addition to aforesaid main submissions, multiple contentions have been raised. As a result of this along with other sets of petition, the present petition also appears to have been entertained.
The petition was entertained and notice thereof issued. 1. This petition under Article 226 of the Constitution of India impugns the order dated 3rd February, 2015 of the respondent no.1 Competition Commission of India (CCI) in case No.59/2011 holding no violation of the provisions of the Competition Act, 2002 having been committed, inspite of the Director General (DG) of the CCI in its Report having recommended that there is contravention of the provisions of the Act.
This Court noted that in the said case, the issue whether the land under construction can be treated as vacant or not, was not even a disputed question of fact. It is under these circumstances, that the petition was entertained notwithstanding the pendency of appeal.
It appears that even during the investigation; the informant appeared before the learned Magistrate through his advocate and prayed for recording the statements of the witnesses under Sec.164 of the Code of Criminal Procedure. However, the petitioner produced two persons and their statements were recorded under Sec.164 of the Code of Criminal Procedure. Initially, it was prayed to examine four persons under Sec.164 of the Code of Criminal Procedure. The petition filed on behalf of the petitioner was entertained.
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