Search Results for "arrest without cognizable offence"

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Search Results for "arrest without cognizable offence"

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High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Escape from Custody Case — Custody Held Illegal Under Section 41(2) CrPC. Accused's Apprehension Without Arrest Panchnama and Non-Production of Istegasha Renders Custody Unlawful, Vitiating Section 224 IPC Charge.

17 Dec 2025

The State of Maharashtra appealed against the acquittal of the accused by the learned Assistant Sessions Judge, Pusad, who had set aside the convictio...

High Court

Bombay High Court Grants Bail to Accused in Cheating and Forgery Case Citing Parity and Long Incarceration. Investigation Complete, No Custodial Interrogation Required Under Section 439 CrPC.

16 Dec 2025

The judgment pertains to bail applications filed by three applicants — Aditya Avinash Sood, Arunkumar Devnath Singh, and Vishal SurendraKumar Agarwa...

High Court

Bombay High Court Orders Release of Petitioner in Criminal Case Due to Violation of Article 22(2) and Section 58 BNSS — Failure to Produce Arrested Person Before Magistrate Within 24 Hours Renders Custody Illegal. The court held that non-compliance with the constitutional and statutory mandate of production before a Magistrate within 24 hours of arrest vitiates the detention and entitles the arrested person to release.

25 Sep 2025

The petitioner, Vicky @ Vikky Vilas Kamble, filed a writ petition before the Bombay High Court seeking release from custody in connection with C.R.No....

Supreme Court

Supreme Court Quashes High Court's Anticipatory Bail Orders in Serious Fraud Investigation Office (SFIO) Prosecution Under Companies Act, 2013. The High Court erred in granting anticipatory bail as Section 212(6) of the Companies Act, 2013, bars application of Section 438 of the Code of Criminal Procedure, 1973, and the accused's evasion of warrants in economic offences involving large-scale fraud justified strict approach.

9 Apr 2025

The Supreme Court dealt with a batch of sixteen appeals arising from criminal proceedings initiated by the Serious Fraud Investigation Office (SFIO) a...

High Court

Bombay High Court Dismisses Petition Seeking Transfer of Investigation in Fatal Hit-and-Run Case Alleging Police Bias. Court finds no exceptional circumstances warranting transfer, holds that investigation is progressing and petitioner's grievances can be addressed by trial court.

30 Aug 2024

The petitioner, Shahrukh Ziya Mohammad, filed a criminal writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to tr...

Supreme Court

Supreme Court Quashes Anticipatory Bail Orders in Fraud Case Due to Erroneous Legal Interpretation by High Court. High Court's grant of anticipatory bail was based on incorrect view that Magistrate's order under Section 156(3) CrPC was invalid for non-examination of complainant under Section 200 CrPC, which the Supreme Court held unsustainable as such order can precede cognizance.

26 Jul 2021

The Supreme Court heard a batch of four criminal appeals arising from anticipatory bail orders granted by the Bombay High Court. The appellant, a comp...

Supreme Court

Supreme Court Dismisses Appeal Against Prosecution for Illegal Sand Mining Under IPC and Mines Act. Police Investigation Not Barred by Section 22 of MMDR Act as Theft Under IPC is a Distinct Offence.

4 Oct 2019

The Supreme Court dismissed an appeal by Kanwar Pal Singh, a director of M/s Kanwar Enterprises Pvt. Ltd., challenging his prosecution for illegal san...

High Court

High Court of Karnataka Upholds Constitutional Validity of Section 53-A CrPC for Medical Examination of Accused in Rape Cases. Challenge to police notice for medical examination dismissed as Section 53-A is not violative of Article 20(3) or Article 21 of the Constitution.

3 Dec 2014

The petitioner, Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharati Swamiji, filed a writ petition under Articles 226 and 227 of the C...

High Court

Bombay High Court Allows Interim Anticipatory Bail in Section 438 CrPC Case — Sessions Court Cannot Adjourn Without Granting Interim Protection. The court held that under Section 438 CrPC, the court must either reject the application forthwith or grant interim bail, and cannot adjourn without interim relief.

8 May 2014

The applicants, Shrenik Jayantilal Jain and Neena Shrenik Jain, filed an anticipatory bail application under Section 438 of the Code of Criminal Proce...

High Court

Bombay High Court Upholds Constitutional Validity of Section 21(3) MCOCA and Approval for Applying MCOCA Provisions in Organised Crime Case. Challenge to Section 21(3) of Maharashtra Control of Organised Crime Act, 1999 and approval dated 31-10-2004 under Section 23(1)(a) dismissed as not violative of Articles 14, 19, 21 of Constitution.

11 Mar 2005

The petitioners, Lalit Somdatta Nagpal and Anil Somdatta Nagpal, filed two criminal writ petitions challenging the constitutional validity of Section ...

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