This legal guidance explains the remedy available against a negative final report submitted by the police after investigation. It discusses the filing of a protest petition before the Magistrate, the right of the complainant to seek further investigation, and the circumstances in which the court may reject the closure report and proceed against the accused.
Criminal Law
Negative final report submitted after investigation: what to do?
This legal guidance explains the remedies available when the police submit a negative final report after investigation despite the complainant’s allegations. It discusses the right to file a protest petition before the Magistrate, seek reinvestigation or further investigation, and request the court to take cognizance against the accused persons.
Release of property from provisional attachment under money laundering act
This legal guidance explains the remedies available for release of property provisionally attached under the Prevention of Money Laundering Act. It discusses proceedings before the Adjudicating Authority, burden of proving bona fide ownership, evidentiary requirements, and the legal process for establishing that the property is not proceeds of crime.
Prosecution produced CCTV recording
This article discusses the evidentiary value of CCTV footage in criminal proceedings, particularly where the prosecution relies on electronic evidence to establish the accused’s presence at the scene of occurrence. It also examines the legal requirement of a certificate under Section 65B of the Indian Evidence Act for admissibility of electronic records.
Anticipatory bail after charge sheet
This article examines whether an accused person can seek anticipatory bail even after submission of the charge sheet by the police. It discusses the legal position under Section 438 of the Code of Criminal Procedure and the principles laid down by the Supreme Court and various High Courts regarding the maintainability of anticipatory bail applications after cognizance or filing of the police report.
Magistrate has treated my case as complaint and refused to direct investigation
This article discusses the legal remedies available when a Magistrate declines to order police investigation under Section 156(3) CrPC and instead treats the matter as a complaint case. It examines the distinction between a police investigation and a private complaint, the discretionary powers of the Magistrate, and the circumstances in which such an order may be challenged before a revisional court or the High Court.
Criminal and civil proceedings can proceed simultaneously in cheating cases
This article discusses the legal principle that criminal prosecution and civil proceedings may continue simultaneously in cases involving allegations of cheating, fraud, or breach of trust. It examines the distinction between civil liability and criminal culpability, and explains that the existence of a civil dispute does not automatically bar criminal proceedings where the ingredients of a criminal offence are prima facie made out.
District Magistrate has wrongly cancelled my arm licence
This article discusses the legal remedies available when an arms licence is cancelled by the District Magistrate allegedly in an arbitrary or unlawful manner. It examines the scope of powers under the Arms Act, the requirement of recording reasons, compliance with principles of natural justice, and the right of the licence holder to challenge the cancellation order before the appellate authority or the High Court.
One of employee has committed suicide after receiving show cause notice
This article discusses the legal implications arising when an employee allegedly commits suicide after receiving a show-cause notice or disciplinary communication from the employer. It examines the circumstances in which criminal liability, including abetment of suicide under Section 306 IPC, may or may not arise against departmental authorities, and analyses the principles governing mens rea, workplace harassment, and disciplinary proceedings under Indian law.
When conversion of 482 crpc application into criminal revision is not possible
This article discusses the distinction between the inherent powers of the High Court under Section 482 CrPC and its revisional jurisdiction under the Criminal Procedure Code. It examines whether a petition filed under Section 482 CrPC can be converted into a criminal revision, and analyses the procedural limitations, maintainability issues, and judicial principles governing the exercise of inherent and revisional powers by the High Court.