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Search Results for "preventive detention"

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High Court

Bombay High Court Quashes MPDA Detention Order for Dangerous Person Due to Non-Application of Mind and Lack of Material to Show Prejudice to Public Order. The court held that the detaining authority failed to properly consider the material and the alleged activities did not affect public order.

27 Jan 2026

The petitioner, Chandrashekhar @ Chandya s/o Devrao Paikrao, challenged a detention order dated 01.07.2025 passed by the District Magistrate, Nanded u...

High Court

High Court Quashes Preventive Detention Order Under Gujarat Prevention of Anti-social Activities Act Due to Insufficient Impact on Public Order. Detention Found Illegal as Material Did Not Establish Activities Affected Public Order and Ordinary Criminal Law Provided Alternative Remedies When Accused Was Granted Bail.

8 Jan 2026

The case involved a challenge to a preventive detention order passed against Applicant under the Gujarat Prevention of Anti-social Activities Act, 198...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Proximate Link Between Offences and Public Order. Preventive detention set aside as criminal activities did not disturb public order, only law and order.

17 Oct 2025

The petitioner, Sangita Nandu Toradmal, mother of the detenue Sanket @ Khoonkhar Dadya Nandu Toradmal, filed a writ petition under Article 226 of the ...

High Court

High Court of Karnataka Allows Default Bail in POCSO Case Due to Non-Completion of Investigation Within 60 Days. Petitioner Enlarged on Bail Under Section 167(2) Cr.P.C. as Charge Sheet Not Filed Within Statutory Period.

4 Mar 2025

The petitioner, Moulali, was arrested on 03.12.2024 in connection with offences punishable under Sections 376(2)(n), 506 of IPC and Sections 4, 6, 8, ...

High Court

High Court of Karnataka Allows Default Bail in POCSO Case Due to Non-Completion of Investigation Within 60 Days. Petitioner Entitled to Default Bail Under Section 167(2) CrPC as Charge Sheet Filed After Expiry of 60 Days from First Remand.

4 Mar 2025

The petitioner, Moulali, was arrested on 01.12.2024 in connection with offences punishable under Sections 376(2)(n), 506 of IPC and Sections 4, 6, 8, ...

High Court

High Court of Karnataka Allows Default Bail in POCSO Case Due to Non-Completion of Investigation Within 60 Days. The right to default bail under Section 167(2) CrPC is an indefeasible right that accrues when the investigation is not completed within the prescribed period, and the accused is entitled to be released on bail if the charge sheet is not filed within that period.

4 Mar 2025

The petitioner, Moulali S/o Babajan Challal, was arrested in connection with offences punishable under Sections 376(2)(n), 506 of the Indian Penal Cod...

High Court

Bombay High Court Quashes Detention Order at Pre-Execution Stage for Non-Application of Mind in MPDA Act Case — Inaccurate Recital of In-Camera Statements and Failure to Consider Bail Conditions. Preventive Detention Order Under Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981 Set Aside as Detaining Authority Did Not Properly Apply Mind to Relevant Material.

27 Oct 2016

The petitioner, Nagesh Laxman Takmoge, challenged a detention order passed by the Commissioner of Police, Solapur City, under the Maharashtra Preventi...

High Court

Bombay High Court Quashes Detention Order Due to Translation Error — 'Public Order' vs 'Public Peace' Distinction. The court held that the Hindi translation of 'public order' as 'public peace' in a detention order under the Maharashtra Prevention of Dangerous Activities Act, 1981 violated the detenu's right to effective representation under Article 22(5) of the Constitution.

22 Aug 2013

The petitioner, mother of the detenu Samad Salim Khan, challenged a detention order dated 12th March 2013 issued by the Commissioner of Police under t...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Detenu Already in Custody — Preventive Detention Based on Mere Possibility of Bail Is Invalid. The court held that a detention order under Section 3 of the MPDA Act cannot be sustained when the detaining authority's satisfaction is based on a speculative possibility of bail without any cogent material.

27 Jun 2006

The petitioner, Prakash Balkrishna Pujari, challenged his preventive detention order passed under Section 3 of the Maharashtra Prevention of Dangerous...

High Court

Bombay High Court Quashes Detention Order Under Maharashtra Prevention of Dangerous Activities Act, 1981 Due to Non-Application of Mind and Stale Grounds. Delay of Three Months in Passing Order Without Explanation Renders Detention Invalid.

20 Sep 2005

The petitioner, Santosh @ Dankya Subhash Gaikwad, challenged an order of detention passed against him on 17.11.2004 by the Commissioner of Police, Pun...

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