Search Results for "Section 41A CrPC"

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Search Results for "Section 41A CrPC"

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Supreme Court

Supreme Court Allows Anticipatory Bail in Dowry Case, Emphasizes Distinction Between Power to Arrest and Justification for Arrest. The court set aside the High Court's order rejecting anticipatory bail and directing surrender, holding that the High Court failed to consider that the charge-sheet had been filed and the appellant had cooperated with investigation.

26 Jul 2023

The appellant, Md. Asfak Alam, was married to the second respondent on 5 November 2020. Alleging interference by the wife's father, the appellant lodg...

High Court

Bombay High Court Quashes FIR in Criminal Case Due to Lack of Evidence and Abuse of Process — Quality of a Nation's Civilization Measured by Methods Used in Enforcement of Criminal Law.

3 Dec 2025

The petitioner, Chandrashekhar Bhimsen Naik, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

High Court

Bombay High Court Allows Appeal by Complainant in Dowry Harassment Case — Quashes Bail Granted to Accused for Lack of Application of Mind. Bail Order Set Aside as Sessions Judge Failed to Comply with Section 41A CrPC and Section 438 CrPC by Not Issuing Notice to Public Prosecutor and Not Recording Reasons.

8 Aug 2019

The appellant, Jyoti Mandole, filed a criminal appeal challenging the order dated 09-04-2019 passed by the learned Sessions Judge, Dhule, granting bai...

High Court

High Court Declares Journalist's Arrest and Detention Illegal: Orders Strict Adherence to Supreme Court Guidelines on Arrests. Unwarranted Arrest Violates Fundamental Rights, High Court Awards Relief.

22 Aug 2024

The High Court delivered a significant judgment regarding the unlawful arrest and detention of a journalist, emphasizing the need for strict complianc...

Supreme Court

"Supreme Court Remits Matter for Fresh Consideration by High Court in Truck Rent Dispute" "High Court order quashing FIR and criminal proceedings set aside; matter remanded for reconsideration in light of investigation materials."

14 Oct 2024

Acts and Sections Discussed: Code of Criminal Procedure, 1973 (CrPC) Section 156(3): Magistrate’s power to direct investigation. Section 41A:...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Property Dispute Case Due to Civil Nature and Unwilling Complainant. Allegations Under Sections 341, 354C, 506 IPC Fail as Dispute is Civil and Complainant Refused to Make Judicial Statement.

2 Dec 2025

The present appeal arises from a criminal case initiated by a complainant, who alleged that the appellant, restrained her from entering a property, cl...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in MVAT Act and IPC Fraud Case — No Custodial Interrogation Required as Documents Seized. Court Held That Since Documents Were Already Seized and Applicant Was Not Required for Custodial Interrogation, Anticipatory Bail Under Section 438 CrPC Could Be Granted.

9 May 2013

The applicant, Hasmukh Jagasi Visharia, filed an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) in...

High Court

High Court of Karnataka Grants Anticipatory Bail to Married Woman in Kidnapping Case — Petitioner Not Named in FIR and No Prima Facie Case of Kidnapping for Ransom Established Under Section 364A IPC. The court exercised discretion under Section 438 CrPC to grant pre-arrest bail subject to conditions, emphasizing that the petitioner was not named in the FIR and the allegations did not prima facie constitute the offence of kidnapping for ransom.

18 Jun 2024

The petitioner, Smt. Bhavani Revanna, a married woman hailing from a family with undeniable political background, filed a petition under Section 438 o...

High Court

Bombay High Court Cancels Bail of Accused in Tiger Poaching Case Under Wild Life (Protection) Act, 1972 — Accused Found to Be Financier and Key Link in Transnational Wildlife Trafficking.

12 Dec 2014

The State of Maharashtra (Forest Department) filed an application under Section 439(2) of the Criminal Procedure Code, 1973 seeking cancellation of ba...

High Court

Bombay High Court Quashes Criminal Proceedings for ESI Contribution Default Due to Inordinate Delay. Delay of Over 18 Years in Prosecution for Non-Payment of ESI Contributions Under Sections 39 and 40 of ESI Act Held to Be Prejudicial and Grounds for Quashing.

12 Jun 2013

The petitioners, Satyanarayan Mohanlal Jalan and others, filed a criminal writ petition under Article 226 of the Constitution of India read with Secti...

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