In Crl. Appeal No. 4763 of 2008 Dinesh Vs. State of U.P. decided on13.02.2009 , Hon'ble Shiv Charanand Hon'ble Vijay Kumar Verma, JJ. observerved that : "We are surprised to see that the learned trial Judge has imposed fine also on the accused p ..
Prospective accused can not challenge the order passed by the Magistrate under section 156(3) Cr.P.C. allowing the application and directing investigation by the police. This verdict has been passed by hon Vijay Kumar Verma,,J. in Crl. Revision No. 6 ..
In view of the rulings of the Hon'ble Apex Court the legal position regarding summoning of any person as accused u/s 319 Cr.P.C. can be summed up as under: 1. The power u/s 319 Cr.P.C. is not to be exercised mechanically on the ground that some evide ..
The provision for holding of inquest is contained in Section 174 Cr.P.C. Heading of Section is, 'Police to enquire and report on suicide etc.' Sub-Sections (1) and (2) thereof read as under:- 174. Police to enquire and report on suicide, etc. (1) Whe ..
In the case of State of H.P. Vs. Jeet Singh reported in (1999) 4 SCC 370 : (AIR 1999 SC 1293), the Apex Court held that: "No doubt it is a sound principle to remember that every criminal act was done with a motive but its corollary is not that n ..
Capital PunishmentUnlike animals, human beings in the course of time have upgraded their social standards in which they reside and where they can claim to be proud residents of a protective society, where they have a prerogative claim to basic civic ..
The victim’s rights rests on a kind of social contract theory, perhaps captured in the preamble to Louisiana’s 1985 victim’s rights legislation:In recognition of the civic and moral duty of victims . . . of crime to cooperate fully ..
According to a French proverb, the penalties are subjective and willfully; while issuing a verdict, the judges don't have to obey the law and they have the authority to apply the law as they wish. In the past and even in the late 18th century, in al ..
QUASHING OF FIR BECAUSE DISPUTE IS OF CIVIL NATURE: In Trilok Singh & Ors. Vs. Satya Deo Tripathi, AIR 1979 SC 850, the Hon'ble Supreme Court examined the similar case wherein the truck had been taken in possession by the Financer in terms of hir ..
An order issuing process for summoning the accused to face the trial is not an interlocutory order and Revision against such order is not barred by sub-section (2) of Section 397 Cr.P.C. Although the Hon'ble Apex Court has held in Adalat Prasad vs. ..
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