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Landmark Judgments and Articles on Law

Whether court can hand over custody of accused to investigating officer for Test Identification Parade?

IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 2236/2021 RINKU SHARMA Vs THE STATE . CORAM: MR. JUSTICE RAJNISH BHATNAGAR Dated:  28.09.2021 1. This is a petition filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No….

Irrational, indiscriminate arrests amount to gross violation of human rights

HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. – 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 2300 of 2021 Applicant :- Arshad Opposite Party :- State of U.P. Counsel for Applicant :- Jamaluddin Mohd. Nasir Counsel for Opposite Party…

Fundamental Right cannot be rendered Nugatory in a Glaring case of Deprivation of Liberty

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 164/2019 JAGISHA ARORA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) ([ TO BE TAKEN UP AT THE…

CrPC 41A Guidelines by Courts

Guidelines by Courts The courts, therefore, felt necessary to introduce certain guidelines in order to prevent the unnecessary hard being caused by Section 498A.  The court in the case of Arnesh Kumar vs. State of Bihar set out guidelines requiring the police officers not to arrest the accused…

Freezing of the bank accounts, Writ of Mandamus

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11/02/2005 CORAM : THE HON’BLE MR.JUSTICE K.P.SIVASUBRAMANIAM W.P.No.1050 of 2005 His Holiness Sri Kanchi Kamakoti Peetadhipathi Jagadguru Sri Sankaracharya Swamigal Srimatam Samasthanam rep. by its Manager No.1, Salai Street Kancheepuram-631 502. .. Petitioner -Vs- 1. The…

The law of Arrest in India

Topics Covered: 1) Preface 2) Arrests 3) Supreme Court on Law of Arrests 4) Format of Complaint to Human Rights Commission over illegal (unjustified) Arrests by Police 5) Format for filing Complaint with Supreme Court for not observing directions given in Joginder Kumar Case while…

ARREST AND CUSTODY OF FEMALE PERSONS

Bombay High Court 1995 Cr.L.J. 4223 (Bombay) Christian Community Welfare Council of India and another Vs. Government of Maharashtra & another Judgement In a matter relating to custodial violence and arrest of female persons in State the Court issued the following directions to the State…

ARREST AND CUSTODY & RIGHT TO LIFE AND PERSONAL LIBERTY

Supreme Court of India 1994 Cr.L.J. 1981 / (1994) 4 SCC 260 Judgement Joginder Kumar vs State of U.P. and Others Facts The petitioner a young advocate of 28 years, was called by the SSP Ghaziabad, UP ., Respondent 4, in his office for making…


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