The references primarily involve various sections of Indian criminal law and procedural codes, notably Section 482 of the Criminal Procedure Code (CrPC), which pertains to the power of courts to quash FIRs and criminal proceedings. Several cases highlight the scope and limitations of this section MR SALMAN AHEMED vs THE STATE OF KARNATAKA - Karnataka, SRI AYAN KUMAR CHOUDHURY vs THE STATE OF KARNATAKA - Karnataka.
Bail Applications and Court Orders:
Multiple sources discuss petitions filed under Section 439 CrPC for bail in different criminal cases, including crimes registered under various police stations (e.g., Crime No.36/2025, No.183/2023). The courts consider factors such as the nature of the offence, evidence, and procedural requirements before granting bail SUNIL @ SUNEEL vs STATE OF KARNATAKA - Karnataka, AKMAL BABA @ BABA @ BILLI BABA vs STATE OF KARNATAKA - Karnataka.
Offences and Sections Involved:
Cases involve offences under IPC sections like 498A (cruelty to wife), 323 (causing hurt), 504, 506 (criminal intimidation), and sections related to sexual harassment (354A, 504), domestic violence (Protection of Women from Domestic Violence Act, 2005), and other statutes such as the Karnataka Epidemic Diseases Act, 2020 MR SALMAN AHEMED vs THE STATE OF KARNATAKA - Karnataka, SRI AYAN KUMAR CHOUDHURY vs THE STATE OF KARNATAKA - Karnataka, SRI MUNIRAJU vs STATE OF KARNATAKA - Karnataka.
Legal Principles and Precedents:
Courts emphasize the importance of the prima facie assessment of evidence when considering bail and the scope of jurisdiction under Section 482 CrPC for quashing FIRs. The courts also recognize the necessity to balance individual liberty with societal interest, especially in cases involving sensitive allegations like sexual harassment and domestic violence MR SALMAN AHEMED vs THE STATE OF KARNATAKA - Karnataka, SRI AYAN KUMAR CHOUDHURY vs THE STATE OF KARNATAKA - Karnataka.
Procedural Aspects and Investigations:
The investigation process, arrest procedures, and the importance of completing investigations without unnecessary delay are highlighted, along with the discretion granted to police officers under Section 193(1) of BNNS INDKAR00000123422.
Special Statutes and Offences:
The cases reflect the judiciary's approach to handling complex criminal matters involving sensitive issues like domestic violence, sexual harassment, and public health violations.
Insights:
The courts prioritize thorough preliminary assessments before granting bail or quashing FIRs, emphasizing procedural correctness and evidence evaluation.
References:
Note: Since the sources primarily discuss procedural aspects and case law related to criminal law, it can be inferred that Section 36 of Bnns pertains to similar legal procedures or jurisdictional provisions within the criminal justice system.
PUSHPALATHA B., ADDITIONAL SPP) Location: HIGH COURT OF KARNATAKA THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.36/2025 REGISTERED BY JAGALUR POLICE STATION, FOR TE OFFENCES PUNISHABLE ... JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.36/2025 of Jagalur Police ... UNDER #....
Sections 498A , 323, 504, 506 read with Section 34 IPC are made out. ... Even otherwise it must be remembered that the provision invoked by the accused before the High Court is Section 482 CrPC and that this Court is hearing an appeal from an order under Section 482 CrPC…. 16. ... After referring to certain precedents on the scope and ambit of the power under Section 482 CrPC, the High Court came to a conclusion that exercise of power under Section 482 for quashing an FIR/Complaint is ....
Sections 22 (C), 27(b) ... JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2650 OF 2025 BETWEEN: AKMAL BABA @ BABA @ BILLI BABA, S/O LATE ABDUL WAJID, AGED ABOUT 36 YEARS, R/AT 14, 14TH CROSS, MODI ROAD, DEVARAJEEVANAHALLI, BENGALURU - 560 045. ... KAVYA R Location: High …RESPONDENT Court of Karnataka (BY SMT.RASHMI PATEL., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN SPL.C.NO.174/2024 (CR.NO.183/2023) OF RESPONDENT DEVARAJANAHALLI POLICE STATION
(Paras 4, 5, 16) ... ... (B) Criminal Procedure Code - Section 482 - Quashing ... (A) Indian Penal Code, 1860 - Sections 354, 354(A), 500 and 504 - Sexual harassment allegations - The Internal Complaints Committee ... Further he submitted that even with regard to accused No.1, the allegations made against him do not constitute either an offence under section 354A or section 504 read with section 34 of Indian Penal Code. ... 354A, 504 read with section 34 of Indian Penal Code. ... The....
(Paras 25, 31-34, 36) ... ... (C) Jurisdiction of Courts - The necessity of ... Section 193(1) of BNNS reads as under : Section 193(1) Report of police officer on completion of investigation. (1) Every investigation under this Chapter shall be completed without unnecessary delay. ... The section gives discretion to the police officer who may, without an order from a Magistrate and even without a warrant, arrest any person in the situations enumerated in that section. ... **** #HL_ST....
(A) Protection of Women from Domestic Violence Act, 2005 - Section 12 - Maintenance and compensation - The wife challenged the adequacy ... (Paras 4, 16, 19) ... ... (B) Domestic Relationship - Definition under Section ... Mishra, learned counsel, for such non-compliance, an adverse inference is to be drawn in view of Section 114 of the Indian Evidence Act read with Section 119 BNNS. It is not in denial that the wife had a pension at Rs.9,000/- per month after retirement in 2009. ... 22 of the Act and....
District & Sessions Judge, Hassan, arising out of Crime No.274/2015 registered by Hassan Extension Police Station, Hassan, for the offences punishable under Sections 143, 144, 147, 148, 120B, 302, 307 r/w 149 of IPC, is before this Court under Section 439 of Cr.P.C. ... District & Sessions Judge, Hassan, arising out of Crime No.274/2015 registered by Hassan Extension Police Station, Hassan, for the offences punishable under Sections 143, 144, 147, 148, 120B, 302, 307 r/w 149 of IPC, subject to the following conditions: p class="sub_para" ....
(A) Karnataka Epidemic Diseases Act, 2020 - Section 5(3A) - Indian Penal Code, 1860 - Sections 143, 147, 149, 188, 268, 269, 283, ... and Section 75 of the Act. ... and Section 75 of the Act. ... (Emphasis supplied) Section 5 (3A) mandates that whoever contravenes sub- section (1) shall be punished in terms of sub-section (3A). ... (Emphasis supplied) Section 269 & 271 of the IPC , 1860 and Section 5 (3A) of the a href="./..
Section 132 of the CGST Act submits that the aforementioned provision enumerates a series of offences involving fraudulent tax activities.
(A) Domestic Violence Act, 2005 - Section 12 - Code of Criminal Procedure, 1973 - Section 482 - Maintainability of application against ... Act - It was held that an application under Section 482 Cr.P.C. is maintainable against orders passed under the D.V. ... Act and questioning the maintainability of Section 482 applications in light of conflicting judgments stemming from previous cases ... (2) Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an app....
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