Search Results for "Custodial interrogation not required"

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Search Results for "Custodial interrogation not required"

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High Court

High Court of Bombay at Goa Dismisses Appeal Against Refusal to Initiate Criminal Complaint for Alleged Offences Under IPC. Court holds that mere filing of civil suit and criminal complaint does not warrant initiation of proceedings under Section 340 CrPC without prima facie satisfaction of offence.

16 Jul 2026

The appellant, Arun Kumar Sharma, filed a criminal appeal under Section 341 of the Code of Criminal Procedure, 1973, challenging the judgment and orde...

Supreme Court

The Supreme Court allowed the appeal, set aside the High Court's impugned order, and made the interim protection absolute by granting anticipatory bail with conditions of cooperation with investigation and trial, and non-influence of witnesses. - Anticipatory bail granted

10 Mar 2026

The Supreme Court granted anticipatory bail to the appellant in an excise case, overturning the High Court's refusal, primarily because the appellant ...

High Court

Bombay High Court Upholds Arrest in MCOCA Case Despite Delay in Production Before Magistrate — Custody Period Calculated from Formal Arrest, Not Initial Apprehension. The court held that the 24-hour period under Article 22(2) of the Constitution and Section 58 of BNSS 2023 runs from the time of formal arrest, not from the initial taking into custody by police.

17 Dec 2025

The petitioner, Vitthal Mahadeo Shelar, was arrested in connection with C.R. No. 2 of 2024 registered at Kothrud Police Station, Pune, for offences un...

High Court

Protecting the Fundamental Right to Liberty under Article 21. Illegal Arrest of a Decorated Police Officer: Bombay High Court Awards Compensation for Violation of Fundamental Rights.

25 Nov 2024

The Bombay High Court, in the case of Sambhaji Achyutrao Patil v. State of Maharashtra & Ors., addressed the illegal arrest and detention of a se...

High Court

Karnataka High Court Grants Anticipatory Bail to Accused in Attempt to Murder Case — Petitioner Granted Bail on Conditions Due to No Prima Facie Case for Custodial Interrogation. Court Held That Custodial Interrogation May Not Be Necessary and Granted Anticipatory Bail Under Section 438 Cr.P.C. for Offences Under Sections 143, 144, 146, 148, 504, 323, 307 Read With 149 IPC.

7 Jul 2020

The petitioner, Bhaskar, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in Cr...

High Court

High Court Grants Anticipatory Bail to Accused in Assault Case Due to Lack of Prima Facie Evidence of Grievous Hurt and Availability of Civil Remedy. The court held that the medical report did not disclose any grievous injury and the dispute appeared to be civil in nature, thus custodial interrogation was not necessary under Section 438 Cr.P.C.

2 Jul 2020

The petitioners, Sharath @ Sharath Kumar, Santhosh Shetty, Mahesh Shetty, and Shashank, filed a criminal petition under Section 438 of the Code of Cri...

High Court

Bombay High Court Quashes Arrest Order in Murder Case for Lack of Exceptional Circumstances — Section 46(4) CrPC Violated by Granting Permission to Arrest After Sunset Without Justification. The court held that the Magistrate's order granting permission to arrest after sunset must record exceptional circumstances, and a mere statement that the offence is serious is insufficient.

16 Aug 2019

The applicant, Ankita Harinath Mishra, was accused of murder under Sections 302 and 201 of the Indian Penal Code in connection with the death of Nitya...

High Court

Karnataka High Court Grants Bail to Accused in Murder Case Due to Lack of Prima Facie Evidence and Long Incarceration. Accused Not Named in FIR and No Direct Evidence of Involvement Under Section 302 IPC.

26 Jul 2019

The petitioners, accused Nos. 1 and 2, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No. ...

High Court

Bombay High Court Awards Compensation for Illegal Detention by Police in Violation of D.K. Basu Guidelines. Petitioner was detained for six days without being produced before a magistrate, and the court held the State liable for constitutional tort.

7 Jan 2014

The petitioner, Sagar Balu Ubhe, filed a writ petition alleging that he was illegally detained by the police from 25th to 30th January 2012. The Bomba...

High Court

Bombay High Court Dismisses Petition Seeking Mandamus to Register FIR in Economic Offences Case — No Mandatory Duty to Register FIR on Private Complaint Without Preliminary Inquiry. Court Holds That Police Have Discretion to Conduct Preliminary Inquiry Before Registering FIR Under Section 154 CrPC, and Writ of Mandamus Cannot Be Issued to Compel Registration.

26 Nov 2010

The petitioner, Mrs. Charu Kishor Mehta, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking a writ of mandamus to c...

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