Criminal Revision under Sections 397/401 Cr.P.C. - The court allowed a criminal revision petition challenging the conviction and sentence in Cr.C.No.722/2003, with the impugned judgment dated 26.04.2005 being set aside. This indicates the use of revision powers to review and modify criminal judgments. Manish Chouksey vs The State Of Madhya Pradesh - Madhya Pradesh
Section 482 Cr.P.C. & False Reports - The courts have invoked Section 482 to quash cases related to false reports and to exercise inherent powers to prevent abuse of process, as seen in cases relying on judgments like Manish Dixit v. Devender K. This demonstrates the broad scope of Section 482 to prevent misuse of legal process. NARAYAN SINGH s/o NIRBHAY SINGH VS STATE OF M. P. - Madhya Pradesh
Illegal Detention & Section 482 - The courts have exercised their plenary powers under Section 482 to release individuals illegally detained, emphasizing the importance of lawful detention and the judiciary’s role in safeguarding personal liberty. The judgment references procedural provisions like Sections 154, 167, and 439 Cr.P.C. Manish Kumar Chouksay VS State of Madhya Pradesh - Madhya Pradesh
Criminal Proceedings & IPC Against Manish Bunker - A private complaint under Section 200 CrPC was filed against Manish Bunker, leading to subsequent summons. This illustrates the process of initiating criminal proceedings via private complaints and the role of magistrates in summoning accused. Manish Bunkar vs Dr. Surendra Kumar Choksey - Madhya Pradesh
Violation of Section 273 Cr.P.C. & Trial Validity - A death penalty case highlighted that recording evidence without the presence of the accused, violating Section 273 Cr.P.C., can vitiate trial proceedings. The case underscores the importance of adhering to procedural safeguards during trial. State Of Madhya Pradesh VS Ravi @ Toli Malviya - Madhya Pradesh
Representation & Evidence in Civil/Criminal Cases - Advocate Shri Manish Manana’s involvement in representing plaintiffs and supporting possession claims demonstrates the role of legal counsel in civil disputes, including cross-examinations and affidavits. Suman Chouksey (Smt. ) VS Dinesh Kumar - Madhya Pradesh
Bail Applications under Section 439 & Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 - Multiple bail petitions were filed under these sections, with conditions such as surety bonds, reflecting the procedural safeguards for accused persons during trial. These applications show the application of specific state laws alongside Cr.P.C. provisions. NARENDRA vs THE STATE OF MADHYA PRADESH - Madhya Pradesh, NARENDRA vs THE STATE OF MADHYA PRADESH - Madhya Pradesh
Appeals & Section 374(2) Cr.P.C. - The filing of appeals against convictions and sentences, with detailed references to witness statements and evidence, illustrates the appellate process and the importance of procedural compliance in challenging judgments. Bana Bai VS State of M. P. - Madhya Pradesh
DNA Evidence & Trial Procedure - In a case involving sexual assault, the appellant was not confronted with DNA reports during examination under Section 313 Cr.P.C., raising issues about evidence handling and rights of the accused to cross-examine forensic evidence. This highlights procedural nuances in forensic evidence presentation. In Reference: Received from Special Judge (Protection of Children from Sexual Offences Act, 2012), Burhanpur (M. P. ) VS Vijay @ Pintiya - Madhya Pradesh
Analysis and Conclusion:
The sources collectively depict various facets of the Criminal Procedure Code (Cr.P.C.), including revision powers (Section 397/401), inherent powers under Section 482, procedures for bail (Section 439), and trial safeguards (Section 273, Section 313). They illustrate the judiciary’s role in ensuring lawful investigation, trial fairness, and the proper exercise of procedural rights. The cases also demonstrate how specific laws like Bhartiya Nagrik Suraksha Sanhita, 2023, integrate with Cr.P.C. provisions to address contemporary legal issues, including bail and procedural safeguards. Overall, these references underscore the importance of procedural adherence, the scope of judicial review, and the protection of individual rights within the criminal justice system.
Learned counsel for the respondent No.1/State and learned counsel for respondent No.2/accused have submitted that applicant/complainant Manish Chouksey and respondent No.2/accused Nitin Gupta had filed an application under Sections 320 and 320(2) of Cr.P.C. before the mediator and have submitted that ... revision under Section 397 r/w section 401 of Cr.P.C. ... Accordingly, criminal revision is allowed and impugned judgment of conviction and order of sentence dated 26.04.2005 passed in Cr.C.No.722/2003 ....
False Report - Criminal Procedure - Code of Criminal Procedure - Section 482, Indian Penal Code - Sections 182, 219, 379, 279, ... The court also referred to section 154 of the Code of Criminal Procedure, which outlines the procedure for information in cognizable ... Learned counsel for the applicant placed reliance on a judgment reported in Manish Dixit and Ors. vs. Devender K. ... Both the aforesaid petitions have been filed by the applicants under section 482 of the Code o....
Illegal detention warrants the exercise of plenary power under section 482 Cr.P.C. ... Investigation - Code of Criminal Procedure - Section 154, 167, 439 - The judgment discusses the legality of police investigation ... The applicants were in illegal detention, leading the Court to exercise its power under section 482 Cr.P.C to release them. ... is the Code of 1898 wherein substantial changes were made in the powers and procedure of the police to investigate. ... Thus, it is clear that there is no #HL_S....
IPC against accused Manish Bunker vide impugned order dated 11.06.2024 and directed issuance of summons to secure his presence. IPC against the petitioner/accused Manish Bunker. 2. The exposition of facts, giving rise to this petition, is as under:- (1) Respondent Dr. ... Surendra Kumar Choksey had filed a private complaint under Section 200 of CrPC inter-alia stating that he is working as the Principal of Government Polytechnic College, Lateri since year 2017.
Criminal Reference Case - Death Penalty - Sections 363, 366-A, 364, 376(2)(i), 376(2)(j), 376(2)(k), 302 and 201 IPC - The judgment ... discusses the violation of Section 273 Cr.P.C. and the implications of recording evidence in the absence of the accused. ... Finding of the Court: The trial is vitiated due to the violation of Section 273 Cr.P.C. as the evidence was recorded ... Manish Singhvi, learned Senior Advocate for the State on the articles relied upon by him to submit that the theory of "harmless error" which h....
Advocate Shri Manish Manana had identified defendant No. 2. ... On the suggestion of defendant No. 2, Shri Manish Manana, Advocate was engaged as counsel for the plaintiffs; (vii) defendant No. 2 in his evidence on affidavit dated 10/08/2010 in the aforesaid suit has supported the case of plaintiffs that they are in possession of the entire ... Plaintiff No. 1's evidence was also prepared by Advocate Shri Manish Manana and his associates on 22.12.2010 and the plaintiff was cross-examined on 2.12.2011 Thereafter, he was assured by the co....
MADHYA PRADESH, the applicants filed bail applications under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 / 439 of the Criminal ... These bail applications have been filed by the applicants under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 / 439 of Criminal Procedure Code, 1973 , as they are implicated in connection with Crime No.12/2025 registered at Police Station Crime ... surety each of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that the....
The appeal has been filed under section 374 (2) of the Code of Criminal Appeal by the appellants challenging the impugned judgment of conviction and order of sentence dated 27.10.2005 passed by the learned Additional Sessions Judge, Burhanpur (Presided by Smt. ... Amar Choukse, in which, she stated that her neighbor Bana Bai W/o. Sitaram Mahajan and her daughter-in-law, Usha Bai W/o. ... The statement of Shashi Bhushan, recorded under Section 161 Cr.P.C. is annexed as annexure P-3 to this appeal and going through the sta....
This case involves bail applications under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 and Section 439 of Criminal Procedure ... These bail applications have been filed by the applicants under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 / 439 of Criminal Procedure Code, 1973 , as they are implicated in connection with Crime No.12/2025 registered at Police Station Crime ... surety each of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shal....
victim’s frock which was subjected to DNA examination -- appellant not confronted with DNA report during examination u/s. 313 of CrPC ... Criminal Appeal No. 859 of 2010 referred to. ... [Paras 55, 56 & 60] (3) Penal Code, 1860 -- Ss. 376 (2) (m) and 376AB -- Protection of Children from Sexual ... Vandana Chouksey (P.W.25), Dr. Darpan Dhoke (P.W.26) is asphyxia and all the above doctors clearly stated that the possibility of sexual assault cannot be ruled out. ... Vandana Chouksey (P.W.25) who were memb....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.