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CRIMINAL WRIT PETITION NO.1659 OF 2005

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Bombay High Court Allows Appeals in MCOC Act Case Due to Lack of Sufficient Material and Non-Application of Mind in Granting Approval and Sanction. Appellants Discharged Under Section 227 CrPC as Material on Record Did Not Warrant Framing of Charge Under MCOC Act.

The present appeals were filed by Sachin Bansilal Ghaiwal and Umesh Mohan Kirve, who were accused Nos. 3 and 9 respectively in a case registered under...

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Bombay High Court Hears Constitutional Challenge by Repeat Rape Convicts Against Section 376-E IPC. Sentencing Provision for Life Imprisonment for Repeat Sexual Offenders Alleged to be Arbitrary and Lacking Procedure.

Three writ petitions tagged together challenge the constitutional validity of Section 376-E of the Indian Penal Code, 1860 (IPC), inserted by the Crim...

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High Court of Karnataka Examines Default Bail Plea Against Custody Extension Under Organised Crime Act. Statutory Bail Application Ignored; Extension Sought Beyond 90 Days Violates Section 167(2) Cr.P.C. and Fundamental Rights.

The petitioner, an accused in a murder case under the Karnataka Control of Organized Crimes Act, 2000, filed a writ petition challenging the order of ...

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Karnataka High Court Reserves Decision on Quashing of Multiple FIRs in Real Estate Dispute; Developers Contend Breach of Contract, Not Cheating. Court Examines Whether Civil Dispute Can Attract Criminal Liability Under Sections 406 and 420 of Indian Penal Code, 1860.

The Karnataka High Court heard a batch of criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of mult...

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High Court of Karnataka Considers Petition Seeking Default Bail Under Section 167(2) CrPC. Accused Challenges Order Rejecting Statutory Bail on Grounds of Non-Filing of Charge Sheet within 90 Days.

The petitioner, Comanduru Parthasarathy, an accused in Crime No.82 of 2021 registered by Seshadripuram Police Station for various offences under the I...

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Bombay High Court Grants Default Bail to Accused in MCOCA Case Due to Non-Filing of Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) Cr.P.C. is not defeated by subsequent inclusion of MCOCA offences after the expiry of the statutory period.

The appellants were arrested on 31.05.2021 in connection with Crime No.509/2021 for offences under Sections 302, 201, 120-B, 364, 212 read with Sectio...

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Bombay High Court Allows Default Bail to Accused Arrested After Charge-Sheet Filing in Further Investigation. Right to Default Bail Under Section 167(2) CrPC Applies to Accused Arrested During Further Investigation, Not Extinguished by Prior Charge-Sheet Filing.

The Bombay High Court, in a referral order, resolved a conflict between two Single Judge decisions regarding the applicability of default bail under S...

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High Court of Karnataka Dharwad Bench Acquits Accused under Section 498A IPC; General Allegations of Suspicion and Ill-Treatment Do Not Constitute Cruelty. Convictions Under Section 498A Set Aside, While Appeals Against Conviction Under Section 302 to be Decided on Remaining Grounds.

The appellants, accused No.1 and accused No.2, were convicted by the trial court for the offence punishable under Section 498A read with Section 34 IP...