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Search Results for "detention without charge sheet"

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High Court

Karnataka High Court Allows Habeas Corpus Petition, Quashes Preventive Detention Order for Non-Application of Mind and Procedural Lapses. The court held that the detaining authority failed to consider relevant material and that delay in considering representation violated Article 22(5) of the Constitution.

26 Jun 2025

The petitioner, Smt. Roopa, wife of the detenue Bharath Kumar, filed a Habeas Corpus petition under Article 226 of the Constitution of India challengi...

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

High Court of Karnataka Quashes Preventive Detention Order in Bootlegging Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(2) of Karnataka Prevention of Dangerous Activities Act, 1985 set aside as grounds did not show that ordinary law was insufficient to prevent the detenu from acting prejudicially.

12 Jul 2024

The petitioner, wife of Sharath @ Sharath Kumar, filed a habeas corpus petition under Article 226 of the Constitution of India challenging the detenti...

Supreme Court

Supreme Court Quashes Detention Order Under PIT NDPS Act Due to Non-Application of Mind and Lack of Live Link. Preventive detention order was invalid as detaining authority failed to consider bail status and relied on stale incidents without contemporary material showing continued prejudicial activity under Section 3(1) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

30 Sep 2022

The appeal arose from a preventive detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substanc...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. The court held that the detaining authority failed to consider the detenu's custody and the delay in passing the order vitiated the subjective satisfaction.

23 Nov 2017

The petitioner, Samad Salim Khan, challenged an order of preventive detention passed by the Commissioner of Police, Mumbai, under Section 3(2) of the ...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Detenu Granted Bail in One Case and Remanded in Another, Yet Detaining Authority Failed to Consider Likelihood of Release and Continued Dangerous Activity.

12 Jul 2016

The petitioner, Mohammed Asif @ Mental Abdul Sattar Shaikh @ Mohd. Asif @ Mental Abdul Sattar Khan, challenged a preventive detention order dated 15.1...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind. The court held that the detaining authority failed to consider the detenu's bail status and passed the order mechanically, violating the requirement of subjective satisfaction.

19 Apr 2005

The petitioner, Shri Madhukar Mahadeo Manve, challenged the detention order dated 19th August 2004 passed under the Maharashtra Prevention of Dangerou...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Bail Conditions and In-Camera Statements Did Not Show Prejudicial Activity After Release.

7 Mar 2005

The petitioner, wife of the detenu Chandrakant Prabhakar Todankar, challenged the detention order dated 19th August 2004 passed under the Maharashtra ...

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