Search Results for "Section 41-A CrPC"

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Search Results for "Section 41-A CrPC"

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High Court

High Court of Karnataka Quashes Arrest and Remand in GST Case for Non-Compliance with Section 35(3) BNSS Notice Requirement. Failure to Issue Mandatory Notice Under Section 35(3) BNSS Before Arrest Renders Arrest Illegal and Proceedings Vitiated Under Section 69(1) Read with Sections 132(1)(a), 132(1)(b), 132(1)(i) and 132(5) of the Central Goods and Services Tax Act, 2017.

12 Mar 2025

The petitioner, Viral Narendra Gosalia, a proprietor, was arrested by the Senior Intelligence Officer, Directorate General of Goods and Services Tax I...

High Court

Bombay High Court Dismisses Anticipatory Bail Application in GST Impersonation Case — Custodial Interrogation Held Necessary for Serious Economic Offence. The court held that the nature and gravity of the offence, the modus operandi, and the need for custodial interrogation outweigh the applicant's right to anticipatory bail, and the police must comply with Sections 41 and 41A CrPC but arrest is essential in such cases.

25 Sep 2024

The applicant, Anand Sukhlal Pardeshi, filed an anticipatory bail application under Section 438 CrPC in Crime No. 02 of 2024 registered at Azadnagar P...

Supreme Court

Supreme Court Upholds CBI Arrest of Chief Minister in Excise Policy Corruption Case, Denies Bail Due to Gravity of Offence. Arrest under Section 41(1)(b)(ii) CrPC valid despite non-issuance of notice under Section 41A as accused was already in judicial custody; High Court's direction to approach trial court for bail not erroneous.

13 Sep 2024

The Supreme Court dismissed appeals by Arvind Kejriwal challenging his arrest by the CBI and denial of regular bail in connection with the Excise Poli...

Supreme Court

Supreme Court Allows Anticipatory Bail in SC/ST Act Case — No Prima Facie Case Under Sections 3(1)(r) and 3(1)(u) as Allegations Lack Intent to Humiliate on Caste Grounds. The Court held that mere knowledge of caste identity and critical remarks against a public figure do not constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 without specific intent to humiliate on caste basis.

21 Aug 2024

The appellant, Shajan Skaria, the editor of an online news channel 'Marunandan Malayali', published a YouTube video on 24.05.2023 levelling allegation...

High Court

High Court Quashes Police Notice Under Section 41(1)(a) Cr.P.C. for Lack of Reasonable Suspicion — Journalist's Right to Liberty Protected. The court held that a notice to appear before police must be based on recorded reasons and cannot be issued arbitrarily.

19 Jul 2024

The petitioner, a senior journalist, challenged a notice dated 06-06-2024 issued by the Sub-Inspector of Police, Amruthalli Police Station, under Sect...

Supreme Court

Supreme Court Allows Wife's Appeal Against Quashing of Dowry Case — High Court Exceeded Jurisdiction by Conducting Mini Trial at Pre-Chargesheet Stage. The Court held that territorial jurisdiction includes place where wife resides after being driven out, and non-compliance of Section 41A CrPC does not warrant quashing of entire FIR.

30 Apr 2024

The appeal arises from an order of the Jharkhand High Court quashing criminal proceedings in FIR No.68 of 2021 registered against the respondent-husba...

Supreme Court

Supreme Court Sets Aside Anticipatory Bail in Corruption Case Involving IRS Officer. High Court's Order Quashed for Failing to Consider Gravity of Offence Under Section 7 of Prevention of Corruption Act, 1988.

17 Apr 2023

The case arises from two criminal appeals filed by the Central Bureau of Investigation (CBI) and the complainant, Rupesh Balwantbhai Brambhatt, agains...

High Court

High Court of Karnataka Grants Anticipatory Bail to Accused in Multi-Crore Fixed Deposit Fraud Case. Petitioner Allegedly Involved in Fraudulent Withdrawal of Rs. 100 Crores from Karnataka Agricultural Marketing Federation Through Forgery and Impersonation.

11 Nov 2020

The petitioner, Sri Jerry Paul, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bail i...

High Court

Bombay High Court Dismisses Contempt Petition Against Police Officers for Alleged Violation of Arnesh Kumar Guidelines. Court holds that non-compliance with Section 41A CrPC guidelines does not automatically constitute contempt of court under the Contempt of Courts Act, 1971.

1 Mar 2019

The petitioner, Aleixo Arnolfo Pereira, filed a contempt petition under Section 2(b) of the Contempt of Courts Act, 1971, against two police officers ...

High Court

Bombay High Court Allows Petition Challenging Bail Cancellation in Criminal Breach of Trust Case — Sessions Court Erred in Cancelling Bail Solely on Ground of Non-Compliance with Section 41A CrPC. The court held that Section 41A CrPC does not mandate notice before arrest in all cases and that bail cancellation requires supervening circumstances, not mere procedural irregularity.

5 Feb 2019

The petitioner, Pankaj Jivdhar Katke, was an accused in Crime No. 405 of 2018 registered at MIDC Waluj Police Station for offences under Sections 408,...

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