Search Results Page

Search Results

1 - 10 of 166 (2.10 seconds)

State Of Andhra Pradesh vs K Dhanunjaya Reddy on 19 November, 2025

160. Thereafter, in appeal before a three Judge Bench of the Hon'ble Supreme Court titled as State of Maharashtra v. Sarath Chandra Vinayak Dongre and others,81 the decision of the Bombay High Cour to the extent of quashing the condonation of delay without notice was upheld, whereas the quashing of cognizance and issuing of process was overturned calling it patently erroneous. The Hon'ble Supreme Court reiterated that the police report with the details as required under Section 173 (2) Cr.P.C. is to enable the Magistrate to satisfy himself whether a case for taking cognizance is made out or not by applying his mind. It was categorically held that the prayer of the investigating agency seeking permission to further investigate and submit a "supplementary chargesheet" could not vitiate the cognizance taken by the Magistrate nor denude him of his jurisdiction to take cognizance of the offence. Relevant portion from the decision is as follows;
Andhra Pradesh High Court - Amravati Cites 114 - Cited by 0 - Full Document

Vinay Sapre vs The State Of Madhya Pradesh on 18 January, 2018

In the case of Sharadchandra Vinayak Dongre (supra) the factual aspects go to show that the offence came to the notice of the agency in the year 1985 and the charge-sheet was filed in the year 1986 itself and that the period between the investigation and the filing of the charge-sheet was not inordinately long. However, in the instant case, the case was registered against the petitioner herein in the year 2002 and the charge-sheet was filed in the year 2007. The application under Section 473 Cr.P.C. was decided in the year 2009 and in the year 2010 the petitioner herein has filed the present petition for quashing in which the proceedings before the trial court were stayed in the year 2013. This court fails to see how the interest of justice would best be served in sending the petitioner back to stand trial from the stage of consideration of the application under Section 473 Cr.P.C, after the passage of 15 years, in an offence related to the transportation of wood without licence.
Madhya Pradesh High Court Cites 13 - Cited by 0 - Full Document

State Of Andhra Pradesh vs Balaji Govindappa on 19 November, 2025

160. Thereafter, in appeal before a three Judge Bench of the Hon'ble Supreme Court titled as State of Maharashtra v. Sarath Chandra Vinayak Dongre and others,81 the decision of the Bombay High Cour to the extent of quashing the condonation of delay without notice was upheld, whereas the quashing of cognizance and issuing of process was overturned calling it patently erroneous. The Hon'ble Supreme Court reiterated that the police report with the details as required under Section 173 (2) Cr.P.C. is to enable the Magistrate to satisfy himself whether a case for taking cognizance is made out or not by applying his mind. It was categorically held that the prayer of the investigating agency seeking permission to further investigate and submit a "supplementary chargesheet" could not vitiate the cognizance taken by the Magistrate nor denude him of his jurisdiction to take cognizance of the offence. Relevant portion from the decision is as follows;
Andhra Pradesh High Court - Amravati Cites 114 - Cited by 0 - Full Document
1   2 3 4 5 6 7 8 9 10 Next