Indian Penal Code, 1860 · Chapter XVI: Of Offences Affecting the Human Body · Of Hurt
Section 323: Punishment for voluntarily causing hurt
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 323
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Tuhin Kumar Biswas @ Bumba v. The State of West Bengal
The Revision Petition filed by the Appellant-accused against the order dismissing the discharge application filed by the Appellant in FIR No.50/2020 dated 19.03.2020 lodged with police station Bidhannagar North, was…
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R. Rajendran v. Kamar Nisha and Others
The High Court directed the appellant to appear before a Hospital for collection of blood samples for DNA profiling. Whether the High Court was justified in directing the appellant to undergo DNA testing.
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Zainul v. The State of Bihar
The High Court dismissed the appeal preferred by the appellants herein and thereby affirmed the judgment and order of conviction passed by the Trial Court in Sessions Case No. 124 of 1989 holding the appellants herein…
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Maniklal Sahu v. State of Chhattisgarh
Whether the High Court committed any error in bringing the case within the ambit of “attempt to commit murder” punishable u/s.307 IPC on the ground that the deceased-R died after a period of nine months from the date of…
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Santosh Sahadev Khajnekar v. The State of Goa
Whether conviction of appellant for the offences punishable u/s.8 of the Goa Children’s Act, 2003 is sustainable; whether the appellant deserves to be given benefit under provisions of Probation of Offenders Act, 1958.
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Ashok Dhankad v. State of NCT of Delhi and Anr.
Issue arose as regards to the sustainability of the order passed by the High Court enlarging the accused on regular bail u/s.483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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Gurdeep Singh v. The State of Punjab
Issue arose whether the order of conviction and sentence of the appellant for the offences u/ss.307, 353, 332, 225, 186, and 120B IPC and s.25 of the Arms Act, 1959 by the courts below was legally sustainable.
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Jamnalal v. State of Rajasthan and Another
In the instant appeal, the father of the prosecutrix challenges the order of the High Court. By the said order, the sentence imposed on respondent no.2 herein was suspended till the final disposal of the appeal. Whether…
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Victim ‘X’ v. State of Bihar and Anr.
Allegations of torture and sexual exploitation against the respondent no.2-accused. She was granted bail by the High Court. Whether the grant of bail to the respondent no.2-accused has resulted into travesty of justice.
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Shiv Baran v. State of U.P. & Anr.
Matter pertains to the correctness of the order passed by the High Court quashing the summons issued against respondent u/s.319 CrPC by the trial court.
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Baljinder Kumar @ Kala v. State of Punjab
Whether the courts below erred in convicting the appellant for offences u/ss.302, 308 and 325, Penal Code, 1860 and imposing death sentence on him, when the prosecution had failed to prove his guilt beyond reasonable…
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L. Muruganantham v. State of Tamil Nadu & Others
(A) Whether the order of the High Court enhancing compensation to Rs.5,00,000/- for the alleged violations committed against the appellant, while dismissing the complaint against respondent no.3, and partly allowing the…
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Amlesh Kumar v. The State of Bihar
Whether in the attending facts and circumstances, the High Court could have accepted a submission of the Sub-Divisional Police Officer, to conduct narco-analysis test of all the accused persons (including the appellant)…
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Dhanya M v. State of Kerala & Ors.
Whether the preventive detention of the detenu is in accordance with law.
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Vinod Bihari Lal v. State of Uttar Pradesh & Anr.
Issue arose whether the High Court was justified in rejecting the applications filed u/s.482 Cr.PC by appellant for quashing the proceedings arising out of FIR u/s.2 and 3 of U.P. Gangsters & Anti-Social Activities…
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Lal Mohd. & Anr. v. State of U.P. & Ors.
Whether the prosecution of the appellants under the UP Gangsters Act satisfies the statutory thresholds prescribed under the Act, when it is based entirely on a single FIR, in which the appellants were already arrested…
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Rajesh Chaddha v. State of Uttar Pradesh
Whether the High Court while exercising its revisionary jurisdiction erred in upholding the conviction of the appellant under Section 498A, Penal Code, 1860 and Section 4, Dowry Prohibition Act, 1961.
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Harjinder Singh v. The State of Punjab & Anr.
Whether the evidence led, in the instant case, justified the Trial Court’s exercise of power u/s.319 CrPC to summon respondent no. 2, and whether the High Court was right in setting that order aside at the threshold.
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Ravish Singh Rana v. State of Uttarakhand & Anr.
Whether the High Court erred in dismissing the petition filed by the appellant for quashing of FIR and the consequential proceedings.
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Ramyash @ Lal Bahadur v. The State of Uttar Pradesh and Another Etc. Etc
Whether the High Court erred in allowing the Correction Application filed under Section 362, CrPC by the accused persons and modifying its earlier judgment by converting the conviction under Section 302 to Section 304…
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Pramila Devi & Ors. v. The State of Jharkhand & Anr.
The Additional Judicial Commissioner took cognizance against one V and appellants on 13.06.2019 in SC/ST Case No.08/2017. Whether the Additional Judicial Commissioner while taking cognizance has to record detailed…
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Directorate of Revenue Intelligence v. Raj Kumar Arora & Ors.
Issue arose whether an offence u/s.8(c) of the NDPS Act could be said to have been made out when an accused “deals with” psychotropic substances mentioned in the Schedule to the NDPS Act but not figuring in Schedule I…
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Sushila & Ors. v. State of U.P. & Ors.
Whether High Court correctly disposed of the prayer for quashing of the summoning order issued by the Trial Court in Complaint Case u/ss.498A, 323, 504, 506 of the Penal Code, 1860 and s.4 of the Dowry Prohibition Act,…
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Satbir Singh v. Rajesh Kumar and Others
Matter pertains to the correctness of the order passed by the High Court whereby it set aside the order of the trial court summoning respondents as additional accused for facing trial along with the principal accused.
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Ramesh Kumaran & Anr. v. State Through the Inspector of Police & Anr.
Cross-FIRs related to the same incident and for the same offences, with allegations and counter-allegations, were filed by two lawyers against each other. The Supreme Court explored the possibility of an amicable…
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Sita Ram & Anr. v. The State of Himachal Pradesh
Matter pertains to the correctness of the order passed by the High Court holding the appellant no.1 guilty of offence punishable u/s. 304 IPC and appellant no. 2 for offences punishable u/ss. 323 and 451 IPC and…
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Rajnish Singh @ Soni v. State of U.P. and Another
Matter pertains to the liability of the appellant to be prosecuted for committing rape upon the complainant by giving her a false promise of marriage; and the correctness of the order passed by the High Court dismissing…
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Naushey Ali & Ors. v. State of U.P. & Anr.
Whether the present case is a fit case where proceedings could be quashed, particularly when Section 307, IPC inter alia was invoked and there was a settlement between the parties.
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Ashutosh Pathak v. The State of Uttar Pradesh & Anr.
The grievance of the petitioner in the instant case is two-fold. Firstly, the in-part acceptance of his application u/s.311 of the CrPC and consequent non-summoning of witness-K. Secondly, closure of the opportunity to…
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Lalita v. Vishwanath & Ors.
Matter pertains to the correctness of the order passed by the High Court acquitting the respondents for the offence punishable u/ss.306, 498A, and 34 IPC; and incase the first informant dies before stepping into the…
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Madhushree Datta v. The State of Karnataka & Anr.
Issue arose as to whether, based on the materials on record, prima facie, ingredients of the offences u/ss.323, 504, 506, 509, and 511 IPC are made out; whether the chargesheet and the related criminal proceedings…
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Manish Yadav v. State of Uttar Pradesh & Anr.
The appellant herein has sought to quash proceedings for the offences punishable under Sections 376, 323, 504 and 506, Penal Code, 1860 and Sections 3(1)(r),3(1)(s), 3(2)(5a) and 3(2)(v) of the Scheduled Castes and the…
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Thammaraya and Another v. The State of Karnataka
Whether the conviction of the appellants-accused under Sections 201 and 302 read with Section 34, Penal Code, 1860 is sustainable.
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Om Prakash Ambadkar v. The State of Maharashtra & Ors.
Magistrate passed an order under Section 156(3), Code of the Criminal Procedure, 1973 directing registration of FIR against the appellant-accused for the offences punishable under Sections 323, 294, 500, 504 & 506,…
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Kim Wansoo v. State of Uttar Pradesh & Ors.
Issue arose as regards invocation of extraordinary power u/Art. 226 of the Constitution to quash criminal proceedings.
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Shambhu Debnath v. The State of Bihar & Ors.
Whether the High Court erred in granting anticipatory bail to accused persons despite specific allegations of heinous crime u/s.302 of Penal Code, 1860 and chargesheet on record that established the allegations made…
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Rinku Baheti v. Sandesh Sharda
Issue arose whether the petitioner-wife is entitled to the transfer of the divorce petition; and whether this Court, upon the application filed by the respondent-husband, can exercise its powers u/Art. 142(1) of the…
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Gurmeet Kaur v. Devender Gupta & Another
Issue arose whether the appellant while discharging her duty as a public servant on the relevant date, there was any excess in the discharge of the said duty which did not require the first respondent to take a prior…
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Asim Akhtar v. The State of West Bengal & Anr.
Whether there is a mandate to decide the application u/s. 319 CrPC before cross-examination of other witnesses.
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Vijay Singh @ Vijay Kr. Sharma v. The State of Bihar
Issue arose as regards sustainablility of the findings of the High Court holding the appellants guilty of commission of offences u/ss. 302/34 and 364/34 IPC; as also the approach of the High Court, if in line with the…
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Suraj Singh Gujar & Anr. v. The State of Madhya Pradesh & Ors.
Appellants were convicted by the Trial Court u/ss.323, 324 and 325 r/w. s.34 of IPC. It is stated by the appellants that they have settled the dispute with the injured persons vide compromise deed dated 29.01.2024. In…
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K. Ravi v. State of Tamil Nadu & Anr.
Matter pertains to the right of the accused to file a fresh application u/s.216 Cr.P.C. seeking his discharge after the charge is framed by the court, more particularly when his application seeking discharge u/s.227…
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Prem Prakash v. Union of India Through
When a person is in judicial custody/custody in another case investigated by the same Investigating Agency, whether the statements recorded (in the present case, the statements dated 03.08.2023, 04.08.2023, 11.08.2023)…
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Allarakha Habib Memon Etc. v. State of Gujarat
As per the FIR (Exhibit-79) there were two eyewitnesses to the incident, PW-12-Police Constable and PW-11-the first informant who was deceased’s cousin brother. PW-12 claiming to be an eyewitness to the incident had…
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Tusharbhai Rajnikantbhai Shah v. Kamal Dayani & Ors.
Accused-petitioner was granted absolute interim protection of anticipatory bail by Supreme Court, until modified or altered upon final disposal of the present SLP which was pending consideration before this Court.…
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Kiran Jyot Maini v. Anish Pramod Patel
Long-standing separation between the parties, multiple prolonged litigations pending adjudication, several failed attempts at reconciliation. Issue was as regards interim maintenance however, in view of irretrievable…
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Vinod Jaswantray Vyas (Dead) Through Lrs v. The State of Gujarat
The instant appeal is directed against the judgment dated 13.02.2017 passed by the Division Bench of the High Court, whereby, the Division Bench partly accepted the appeal preferred by the appellant accused-A1 and…
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Ajwar v. Waseem and Another
High Court, if justified in exercising jurisdiction u/s. 439(1) Cr.P.C for granting regular bail in favour of the accused persons.
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Trisha Singh v. Anurag Kumar
Parties arrived at an amicable settlement for dissolution of marriage by mutual consent. However, the wife resiled from the settlement agreement. Exercise of powers under Article 142 of the Constitution of India to…
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Rajendra Bhagwanji Umraniya v. State of Gujarat
Respondents herein were convicted by the Sessions Court for offence punishable u/s. 325 IPC and were sentenced to undergo rigorous imprisonment of five years. However, the High Court reduced the sentence of five years…
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Selvamani v. The State Rep. By The Inspector of Police
Appellant was one of the five accused persons who were found guilty of committing the offence of gang rape and was convicted under Section 376(g) and 506(1) of Penal Code, 1860 and Section 4 of Tamil Nadu Prohibition of…
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Achin Gupta v. State of Haryana & Anr.
The appellant herein was chargesheeted u/ss.323, 406, 498A and 506 of IPC. The appellant filed a quashing petition for the purpose of getting the criminal proceedings quashed. The High Court by its impugned order,…
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Sharif Ahmed and Another v. State of Uttar Pradesh and Another
Nature of chargesheets filed in some jurisdictions by the State/ Police, without stating sufficient details of the facts constituting the offense or putting the relevant evidence on record; significance of chargesheets…
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Mukhtar Zaidi v. The State of Uttar Pradesh & Anr.
Whether CJM as also the High Court fell in error in taking cognizance u/s. 190(1)(b) Cr.P.C. inasmuch as the CJM had relied upon not only the Protest Petition which was supported by affidavit of the complainant but also…
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Bhupatbhai Bachubhai Chavda & Anr. v. State of Gujarat
High Court, if justified in overturning the order of acquittal.
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Subhash @ Subanna & Ors. v. State of Karnataka Ministry of Home Affairs
Matter pertains to the correctness of the order passed by the High Court convicting and sentencing accused no. 1 u/s. 302, and accused no. 2 and 4 u/ss. 324 and 326 IPC.
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Srikant Upadhyay & Ors. v. State of Bihar & Anr.
Whether there could be any bar on the Trial Court for proceeding u/s. 82 Cr.P.C., merely because an anticipatory application for bail has been filed or because such an application was adjourned without passing any…
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Anil Mishra v. State of U.P. & Ors.
Whether High Court was justified in setting aside the entire proceedings of the case against the accused on the basis of a Settlement Agreement where the complainant in the FIR was not made a party.
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Ravindra Kumar v. State of U.P. & ORS.
There was a non-disclosure of a criminal case (in which the candidate was acquitted) in the verification form of the employment. The State cancelled the selection of the appellant. Was the State justified in cancelling…
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N. Manogar & Anr. v. The Inspector of Police & Ors.
Whether the High Court was justified in setting aside the order passed by the trial court whereunder, the trial court rejected the application filed by the complainant u/s. 216/319 CrPC seeking the summoning of, and the…
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Abdul Jabbar v. State of Haryana & Ors.
Matter pertains to conviction of the appellant for offences punishable u/s. 323/34 IPC and imposition of three months imprisonment, as also conviction u/s. 325/34 IPC and imposition of one year imprisonment with Rs…
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State of Haryana v. Mohd. Yunus & Ors.
Whether the High Court was justified in convicting A1 only u/s. 323 while acquitting u/s. 302/34, and convicting and sentencing A2 u/s. 302 and 323 read with s. 34; and whether in trial u/s. 302 IPC, it is safe to…
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Shashikant Sharma & Ors. v. State of Uttar Pradesh & Anr.
Whether the prima facie ingredients of the offence punishable u/s. 3(2)(v) of the SC/ST Act were made out against the appellants.
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Sivamani v. State Represented by Inspector of Police,
Victims sustained simple injuries. Whether Courts below were justified in convicting appellants u/s. 307 IPC.
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Abhishek Saxena v. The State of Uttar Pradesh
Whether the chargesheet submitted showed prima facie case u/ss. 323, 384 and 406, IPC for voluntarily causing hurt, for extortion and for criminal breach of trust; Whether the High Court has fallen in error in not…
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Pawan Kumar v. State of Uttar Pradesh & Ors.
The question which arise for determination is whether the appellant was a juvenile at the time of commission of offence.
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Priya Indoria v. State of Karnataka and Ors.
Whether the power of the High Court or the Court of Session to grant anticipatory bail u/s 438 CrPC could be exercised with respect to an FIR registered outside the territorial jurisdict ion of the said Court; and…
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Madan v. State of Uttar Pradesh
Six deaths were caused on account of brutal firing by the appellants and other accused persons. The trial court imposed sentence of capital punishment to the appellants (‘M’ and ‘S’) herein for the offence punishable…
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Parshuram v. State of M.P.
Whether the courts below were justified in convicting and sentencing the appellants for the offences punishable u/s. 302/149, s.326/149, s.324/149, s.323/149, s.147 and s.148 IPC.
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Birbal Nath v. The State of Rajasthan & Ors
Whether the High Court was justified in acquitting the accused for the major offences u/ss. 302 and 307 IPC, and convicting them only for the offences u/ss. 147, 148, 323, 324, 325/149 and reducing their sentences to…
- The State of Madhya Pradesh and Others v. Bhupendra Yadav
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N. Ramkumar v. The State Rep. by Inspector
Appellant in fit of rage, dashed head of the victim against the wall, resulting in death of victim. Appellant convicted u/s. 302 IPC and sentenced to undergo life imprisonment. Whether judgment, order and sentence…
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Ameena Begum v. The State of Telangana
An order of detention dated 24.03.2023 was passed by the Commissioner of Police against appellant’ s husband. Whether the alleged acts of commission for which the Detenu has been kept under detention are prejudicial to…
- Pramod Kumar Mishra v. The State of U.P.
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State of Haryana v. Dharamraj
In instant appeal, the State seeks cancellation of anticipatory bail granted to the sole respondent by the Single Judge of the High Court.
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Zunaid v. State of Up. & Ors.
CJM rejected the final report submitted by the investigating officer and accepted the Protest Petition as the Complaint Case, whether the course opted by the CJM was just, legal and proper in the facts and circumstances…
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Bhagw An Singh v. Dilip Kumar @ Deepu @ Depak
Whether the Single Judge of the High Court was justified in granting bail to the respondent-accused in connection with the FIR registered against them by the appellant-uncle of the minor girl alleging gang rape, threat…
- State of West Bengal v. Mitul Kumar Jana
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Mohammad Wajid and Anr. v. State of U.P.
In the instant case wherein FIR was registered u/ss. 395, 504, 506 and 323 IPC against the appellants, the questions which arose for consideration are whether the said case falls within the parameters laid down for…
- Md. Asfak Alam v. The State of Jharkhand & Anr.
- Sandeep Kumar v. The State of Haryana & Anr.
- Uggarsain v. The State of Haryana & Ors.
- Kailash Vijayvargiya v. Rajlakshmi Chaudhuri
- Sh. Rakesh Raman v. Smt. Kavita
- Surendra Singh v. State of Rajasthan and Anr.
- Central Bureau of Investigation v. Aryan Singh Etc.
- Balu Sudam Khalde & Anr. v. The State of
- Pulen Phukan & Ors. v. The State of Assam
- Juhru & Ors. v. Karim & Anr.
- Aparna Ajinkya Firodia v. Ajinkya Arun Firodia
- Sunil Saini & Ors. v. The State of Haryana & Ors.
- Prasad Pradhan & Anr. v. The State of
- Ex-Const/Dvr Mukesh Kumar Raigar v. Union of
- The State of Rajasthan v. Gurbachan Singh & Others
- Central Bureau of Investigation v. P.S. Jayaprakash Etc. Etc.
- Pramod Singh Kirar v. State of Madhya Pradesh & Ors.
- Sumitha Pradeep v. Arun Kumar C.K & Anr.
- Md. Jabbar Ali & Ors. v. The State of Assam
- Satish Chandra Yadav v. Union of India & Ors
- Yashpal Singh v. State of Uttar Pradesh & Anr