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Landmark Judgments and Articles on Law

Vague allegations U/S 498A IPC regarding harassment Prima Facie do not constitute offence

THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.1487 OF 2022 ORDER:- This Criminal Petition under Section 438 of the Code of Criminal Procedure, 1973, is filed to enlarge the petitioners on bail in the event of their arrest. The petitioners are A-2 and…

After Issuance of 41-A CrPC notice Police Can’t arrest Without Magistrate’s Permission

Telangana High Court THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.824 of 2022 ORDER This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, seeking bail to the petitioner/A.1 in the event of his arrest in connection with Crime No.109…

Can the court direct the accused to cancel the registered sale deed executed in favour of a third party as a condition for grant of Anticipatory bail?

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.5543/2021 SYED AFSAR PASHA QUADRI Vs THE STATE OF TELANGANA Date : 17-09-2021 This petition was…

Whether Magistrate should examine Complainant Before Ordering Investigation Under Section 156(3) CrPC?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 680 of 2021 @ SLP (Crl) No 3155 of 2018 M/s Supreme Bhiwandi Wada Vs The State of Maharashtra Author: Dr Dhananjaya Y Chandrachud, J Dated: July 26, 2021 1 This batch of four…

Section 438 CrPC – Whether the High Court, while dismissing the anticipatory bail applications, could have granted protection from arrest ?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION (N.V. RAMANA, CJI.) (SURYA KANT, J.) (ANIRUDDHA BOSE, J.) MAY 28, 2021 CRIMINAL APPEAL No.522 OF 2021 [Arising out of Special Leave Petition (Crl.) No. 2096 of 2021] Nathu Singh v. State of Uttar Pradesh & Ors. AND CRIMINAL…

Under which circumstances high court can grant protection to accused from arrest after rejecting anticipatory bail application?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.522 OF 2021 Nathu Singh Vs State of Uttar Pradesh Author: N.V. RAMANA, CJI . Dated: MAY 28, 2021 1. Leave granted. 2. The present Criminal Appeals, by way of Special Leave, raise common question…

Criminal Court cant act as Recovery Agent to realize Dues of Complainant by setting condition to Bail

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.53 of 2021 (Arising out of SLP (Crl) No 10484 of 2019) Dilip Singh Appellant(s) Versus State of Madhya Pradesh and Another Respondent(s) ORDER 1 Leave granted. 2 This appeal is against an order…

Whether relatives of husband can be prosecuted for offences Under Muslim Women (Protection of Rights on Marriage) Act?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No 883 of 2020 (Arising out of SLP (Crl) No 5693 of 2020) Rahna Jalal Appellant(s) Versus State of Kerala and Another Respondent(s) JUDGMENT Dr Dhananjaya Y Chandrachud, J 1 Leave granted. 2 This…

Anticipatory Bail under CrPC 438 for Sections 376(2)(n), 376(2)(c)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 967 of 2020 Shishir s/o Balkrushn Pataaskar, Age : 43 years, Occu. Service, R/o 32, Krushngopal Housing, Ambedkar Ves, Bhingar Nagar, District Ahmednagar APPLICANT VERSUS The State of Maharashtra, through…

Whether the court should grant accused anticipatory bail if she has uploaded video to teach sex education to the children in the society?

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 24TH DAY OF JULY 2020 / 2ND SRAVANA, 1942 Bail Appl..No.3861 OF 2020 CRIME NO.478/2020 OF ERNAKULAM SOUTH POLICE STATION , ERNAKULAM PETITIONER/ACCUSED: FATHIMA A.S. AGED 34 YEARS W/O.MANOJ,…

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