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High Court

Bombay High Court Upholds Arrest in MCOCA Case Despite Delay in Production Before Magistrate — Custody Period Calculated from Formal Arrest, Not Initial Apprehension. The court held that the 24-hour period under Article 22(2) of the Constitution and Section 58 of BNSS 2023 runs from the time of formal arrest, not from the initial taking into custody by police.

17 Dec 2025

The petitioner, Vitthal Mahadeo Shelar, was arrested in connection with C.R. No. 2 of 2024 registered at Kothrud Police Station, Pune, for offences un...

High Court

High Court of Karnataka Quashes Arrest and Remand in GST Case for Non-Compliance with Section 35(3) BNSS Notice Requirement. Failure to Issue Mandatory Notice Under Section 35(3) BNSS Before Arrest Renders Arrest Illegal and Proceedings Vitiated Under Section 69(1) Read with Sections 132(1)(a), 132(1)(b), 132(1)(i) and 132(5) of the Central Goods and Services Tax Act, 2017.

12 Mar 2025

The petitioner, Viral Narendra Gosalia, a proprietor, was arrested by the Senior Intelligence Officer, Directorate General of Goods and Services Tax I...

High Court

Bombay High Court Holds Anticipatory Bail Application Maintainable Despite Applicant's Custody in Another Crime. Section 438 CrPC Does Not Bar a Person Already Arrested in a Different Case from Seeking Pre-Arrest Bail.

31 Oct 2023

The applicant, Amar S. Mulchandani, filed an anticipatory bail application under Section 438 CrPC in connection with C.R.No.806 of 2019 registered at ...

High Court

High Court of Karnataka Hears Writ Petition Seeking Compensation for Illegal Handcuffing and Parading in a Bailable Offence. The Court Deliberates on Police Conduct and Fundamental Rights Under Article 21 in Context of Section 138 Negotiable Instruments Act, 1881.

10 Jun 2022

The petitioner, a law student, faced five criminal complaints under Section 138 of the Negotiable Instruments Act, 1881, arising from dishonoured cheq...

High Court

Bombay High Court Quashes Arrest Order in Murder Case for Lack of Exceptional Circumstances — Section 46(4) CrPC Violated by Granting Permission to Arrest After Sunset Without Justification. The court held that the Magistrate's order granting permission to arrest after sunset must record exceptional circumstances, and a mere statement that the offence is serious is insufficient.

16 Aug 2019

The applicant, Ankita Harinath Mishra, was accused of murder under Sections 302 and 201 of the Indian Penal Code in connection with the death of Nitya...

High Court

Bombay High Court Allows Criminal Writ Petition Against Police for Illegal Detention and Demanding Bribe. Court holds that arrest without following procedure and detention without production before Magistrate violates Article 21 and Section 57 CrPC.

30 Jul 2014

The petitioners, Rafiq s/o Madar Gowli and Faruq s/o Madar Gowli, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, alleg...

High Court

Bombay High Court Condemns Police for Illegal Detention of Senior Citizens in Domestic Violence Case — Violation of Article 21 of Constitution of India. Police Detention of Senior Citizens Without Warrant Held Unconstitutional Under Article 21.

21 Dec 2012

The Bombay High Court dealt with a criminal writ petition filed by five petitioners, including Niraj Ramesh Jariwala, his parents (Ramesh Vitthaldas J...

High Court

Bombay High Court Directs Police to Pay Compensation for Violation of Section 46(4) CrPC in Arrest of Woman Without Female Constable. The court held that the arrest of a woman by a male police officer without a female constable and without recording reasons violates the mandatory provision of Section 46(4) CrPC and the right to privacy under Article 21.

21 Dec 2012

The petitioner, Mrs. Bharati S. Khandhar, filed a writ petition seeking compensation and action against police officers for violating Section 46(4) of...

High Court

Bombay High Court Dismisses Compensation Claim for Alleged Illegal Detention by Police Officers. False Case Under Bombay Police Act Resulted in Discharge, but Court Found No Malafide Intent or Violation of Fundamental Rights.

5 Mar 2012

The petitioner, Miss Veena Sippy, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, alleging...

Supreme Court

Supreme Court Examines Whether Magistrate Properly Exercised Discretion Under Section 202 CrPC Instead of Ordering Investigation Under Section 156(3) CrPC. Appeal Challenges High Court's Refusal to Interfere with Magistrate's Order in Forgery and Cheating Case.

1 Jan 1970

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