GUPTE LEGAL

GUPTE LEGAL

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15/01/2022

_*⭐SC:SSs. 482, 173 and 156(3) - High Court quashing entire criminal proceedings under S. 482 CrPC, without discussing anything on merits - In final police report it was specifically concluded on basis of material on record that a prima facie case was made out for the offences alleged against the accused persons Impugned order set aside - Prosecution against accused in respect of alleged fraudulent re-selling of plot sold to appellant complainant, directed to proceed further in accordance with law.*_

_Appellant complainant had filed complaint against respondent-accused, alleging that the very plot which was sold to appellant by owner R-1 (accused), was fraudulently resold by owner, after changing its number and redesignating the plot, to R-2 (accused), who was husband of R-1- R-2 thereon sold the very plot in favour of R-3 (accused) - FIR was lodged by police and final report submitted by investigating officer under S.173 CrPC, concluded, that accused persons colluded and committed offences under Ss. 420, 464, 465, 467, 468 and 471 r/w S. 34 IPC - However, without discussing anything on merits of final report, quashing by High Court of entire criminal proceedings, including final report, in exercise of powers under S. 482, held, erroneous - Hence, impugned judgment and order passed by High Court, hereby quashed and set aside - Consequently, prosecution against accused, directed to proceed further, in accordance with law, and on its own merits - Penal Code, 1860, Ss. 420, 464, 465, 467, 468 and 471 r/w S. 34 the im (Paras 5 to 7)._

_Case:_
_*Saraswatibai Vs. Lalitabai.*_

_Citation:_
_*(2019) 16 SCC 272*_
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_*ADV. SURAJ GUPTE,*_
_*MUMBAI.*_
_*Mobile: 99967690902*_
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17/05/2021

_*⭐️SC:All Stay Orders On Civil/Criminal Proceedings Passed By Courts, Including HCs, To Automatically Expire Within 6 Months Unless Extended For Good Reasons.*_

_We expect that the Magistrates all over the country will follow our order in letter and spirit. Whatever stay has been granted by any court including the High Court automatically expires within a period of six months, and unless extension is granted for good reason, as per our judgment, within the next six months, the trial Court is, on the expiry of the first period of six months, to set a date for the trial and go ahead with the same._

_Case:_
_*Asian Resurfacing Of Road Agency Pvt. Ltd. and Anr Vs Central Bureau of Investigation.*_

_*Miscellaneous Application No.1577 of 2020 in Criminal Appeal Nos. 1375-1376 of 2013. Order dated 15/10/2020.*

YSR Congress MP Kanumuri Raghurama Krishnam Raju moves Supreme Court seeking bail in sedition case, alleges "indiscriminate beating" by Police 16/05/2021

https://www.barandbench.com/news/litigation/ysr-congress-mp-kanumuri-raghurama-krishnam-raju-supreme-court-bail-sedition-case

YSR Congress MP Kanumuri Raghurama Krishnam Raju moves Supreme Court seeking bail in sedition case, alleges "indiscriminate beating" by Police Kanumuri Raghurama Krishnam Raju, the Member of Parliament (MP) belonging to YSR Congress party who was arrested on charges of sedition, has moved the Supreme Court for bail.

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