Can a High Court dismiss a Section 482 quashing petition for want of prosecution when the petitioner fails to appear after notice?

The Gujarat High Court affirms its inherent power to dismiss quashing applications for non-prosecution, upholding existing practice in criminal procedure.

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August 19, 2025 | High Court of Gujarat

Can voluntary self-immolation instigated by a spouse’s cruelty be prosecuted as murder/attempt to murder or only as culpable homicide not amounting to murder (304-II IPC) with cruelty under 498-A IPC?

High Court narrows scope of Sections 302/307 IPC where no intent or overt act to kill is proved, reclassifies conviction

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August 19, 2025 | High Court of Gujarat

Can a Section 482 CrPC petitioner withdraw a quashing petition to challenge an order under Section 138 NI Act without affecting future merits review?

High Court allows withdrawal as prayed and clarifies that it did not examine merits—lower court must decide any fresh application

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August 19, 2025 | High Court of Gujarat

Is self-immolation in heat of passion caused by a spouse’s cruelty punishable under Section 304 Part II IPC and Section 498-A IPC rather than Sections 302 or 307 IPC?

  Summary Category Data Case Name CR.A/454/2011 of STATE OF GUJARAT Vs RAMESHBHAI SAVABHAI MALI CNR GJHC240457282011 Decision Date 18-08-2025

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August 19, 2025 | High Court of Gujarat

Can a High Court Dispose of a Transfer Petition on Withdrawal Without Examining Its Merits?

Clarification that a transfer petition may be withdrawn and disposed of at the petitioner’s request without the court examining merits

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August 19, 2025 | High Court of Gujarat

Can a Quashing Application under Section 482 CrPC Be Withdrawn After Trial Commencement?

  Summary Category Data Case Name R/Criminal Misc Application No. 8119 of 2024 (Vijaybhai Parshoattam Bhai Chauhan & Ors. vs

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August 19, 2025 | High Court of Gujarat

Can a High Court Permit Withdrawal of a Transfer Petition Without Examining Its Merits?

Permitting petition withdrawal reaffirms the Court’s inherent procedural discretion; no substantive transfer precedent is created.   Summary Category Data Case

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August 19, 2025 | High Court of Gujarat

Does voluntary withdrawal of a criminal quashing petition preclude merits examination or affect trial proceedings?

Clarification on withdrawal of Section 482 CrPC applications post–charge framing, reaffirming that grant of withdrawal does not equate to merits

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August 19, 2025 | High Court of Gujarat

Can an applicant withdraw a criminal miscellaneous petition for quashing an FIR without the High Court examining its merits?

Affirming procedural allowance for withdrawal at any stage; petition disposed as withdrawn with no merit assessment by a single-judge bench

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August 19, 2025 | High Court of Gujarat

Can dismissed criminal miscellaneous applications be restored on conditions of compliance with office objections?

High Court of Gujarat affirms its inherent power to restore procedurally dismissed criminal applications, subject to time-bound removal of office

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August 19, 2025 | High Court of Gujarat

Can an unexplained 506-day delay in filing a criminal application be condoned on the basis of an additional affidavit?

High Court of Gujarat upholds its inherent jurisdiction to condone lengthy delays upon acceptable explanation, providing binding guidance for condonation

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August 19, 2025 | High Court of Gujarat

Can a High Court grant leave to appeal against a dismissal for non-prosecution under Section 256(3) CrPC when the complainant’s absence was excused and evidence was prima facie misappreciated?

Affirming the discretionary power to grant leave to appeal in Section 138 NI Act cases where technical non-appearance and misappreciation

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August 19, 2025 | High Court of Gujarat