Search Results for "Maharashtra Police Act, 1951"

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Search Results for "Maharashtra Police Act, 1951"

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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...

Supreme Court

Supreme Court Quashes Conviction in Revision for Murder Due to Statutory Bar Under Section 401(3) CrPC — High Court Exceeded Revisional Jurisdiction by Converting Acquittal into Conviction Without Notice to Accused. The Court held that revisional court cannot convert acquittal into conviction and that proceedings were vitiated for want of notice and abatement of revision upon death of complainant.

10 Jan 2025

The case pertains to an incident dated 13.03.1998 during the Holi festival. Initially, Dharampal lodged a complaint alleging assault by Om Parkash (co...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Witnesses and Lack of Evidence. The Court Held That the Trial Court's Findings Were Not Perverse and the Prosecution Failed to Prove Charges Under Sections 302, 307, 325, 326, 147, 148, 149 IPC and Section 135 of Bombay Police Act, 1951.

4 Mar 2021

The State of Maharashtra appealed against the acquittal of ten accused persons (respondents) by the Additional Sessions Judge, Hingoli in Sessions Tri...

High Court

Bombay High Court Allows Social Organization to Hold Public Meeting in Nagpur, Directs Police to Grant Permission Without Unreasonable Conditions. The Court upholds the fundamental right to peaceful assembly under Article 19(1)(b) of the Constitution, holding that police cannot refuse permission based on vague law and order apprehensions without specific material.

21 Feb 2020

The petitioners, Bhim Army (Bharat Ekta Mission, Nagpur) and its District President Prafulla Shende, filed a criminal writ petition seeking permission...

High Court

Bombay High Court Confirms Death Sentence for Rape and Murder of Minor under POCSO Act and IPC. Circumstantial Evidence Including Last Seen Theory Sufficient to Sustain Conviction and Death Penalty in Rarest of Rare Case.

25 Apr 2019

The case pertains to the confirmation of the death sentence awarded to Atul Rama Lote by the Special Judge (POCSO), Thane, for the rape and murder of ...

High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act for Lack of Material Showing Petitioner as Dangerous Person. Externment Based on Stale Criminal Cases and Acquittals Does Not Satisfy Requirements of Section 56(1)(a) and (b) of Maharashtra Police Act, 1951.

24 Apr 2019

The petitioner, Ajij Babu Khan Pathan, challenged an externment order passed by the Sub Divisional Magistrate, Jalgaon, under Section 56(1)(a) and (b)...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Delay Condonation in Externment Appeal — Holds Appellate Authority Under Section 60 of Maharashtra Police Act Has Power to Condon Delay Under Section 5 of Limitation Act. The court ruled that Section 29(2) of the Limitation Act, 1963 makes Section 5 applicable to appeals under the Maharashtra Police Act, 1951, as the special statute does not expressly exclude it.

19 Dec 2017

The petitioners, Satish Balaram Jadhav and others, were externed by respondent no. 2 under Section 55 of the Maharashtra Police Act, 1951, vide order ...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Mechanical Confirmation by State Government. The court held that the detaining authority failed to consider the possibility of bail and the State Government mechanically confirmed the detention, rendering the orders unsustainable.

4 Dec 2017

The petitioner, Mohammed Mustafa, challenged the preventive detention order passed by the Commissioner of Police, Aurangabad under Section 3(1) of the...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of 'Public Order' Impact — Definition of 'Dangerous Weapon' Held Unconstitutionally Vague. The court held that mere possession of a weapon without evidence of public disturbance cannot justify preventive detention under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

11 Oct 2017

The petitioner, Iqbal Munnaf Sayyed, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA) by an orde...

High Court

Bombay High Court Quashes Externment Order Under Section 57 of Bombay Police Act, 1950 for Non-Compliance with Section 59 — Failure to Consider Less Drastic Measures and Provide Opportunity of Hearing. Externment Order Set Aside as Authority Did Not Comply with Mandatory Requirements of Section 59 of Bombay Police Act, 1950.

5 Oct 2012

The petitioner, Ashok @ Aau s/o Pitambar Choudhary, filed a Criminal Writ Petition under Articles 14, 21, 226, and 227 of the Constitution of India ch...

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