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High Court

High Court of Karnataka Allows Appeal by Complainant Mother in POCSO Case — Acquittal of Accused Set Aside for Non-Examination of Material Witness. Trial Court's Failure to Summon the Victim's Father, a Key Witness, Rendered the Acquittal Unsustainable Under Section 372 CrPC.

27 Mar 2025

The appellant, Smt. Rajavva, the mother of the victim, filed a criminal appeal under Section 372 of the Code of Criminal Procedure, 1973, challenging ...

High Court

High Court of Karnataka Allows Appeal by Complainant in POCSO Case — Acquittal of Accused Set Aside for Non-Examination of Material Witness. Failure to examine the victim's mother, who was the first informant and material witness, vitiates the trial and renders the acquittal unsustainable under Section 372 Cr.P.C.

27 Mar 2025

The appellant, Smt. Rajavva, the mother of the victim and the complainant, filed a criminal appeal under Section 372 of the Code of Criminal Procedure...

High Court

High Court of Karnataka Allows Appeal by Complainant Mother Against Acquittal in POCSO Case — Trial Court Erred in Disbelieving Victim's Testimony; Conviction Restored Under Sections 363, 376, 506 IPC and Section 6 of POCSO Act. The court held that the victim's testimony in sexual offences is sufficient for conviction if found trustworthy, and the trial court failed to apply the statutory presumption under the POCSO Act.

27 Mar 2025

The appellant, Smt. Rajavva, the mother of the victim, filed an appeal under Section 372 of the Code of Criminal Procedure, 1973, challenging the judg...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Detenu's Bail Status and Lack of Compelling Necessity for Preventive Detention. The court held that the detaining authority must consider the detenu's bail status and demonstrate a compelling necessity for preventive detention over ordinary law.

30 Jun 2011

The petitioner, wife of the detenu Firoz Khan alias Aabu, challenged a detention order dated 31.12.2010 passed by the Commissioner of Police, Nagpur, ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay Snapping Live-Link. Preventive Detention Order Set Aside as Delay of 25 Days in Passing Order Not Satisfactorily Explained by Detaining Authority.

23 Jan 2012

The petitioner, Mandar Ajit Borkar, challenged his preventive detention order dated 14th October 2011 passed by the Commissioner of Police, Brihan Mum...

High Court

Bombay High Court Quashes MPDA Detention Order for Non-Communication of Documents — Violation of Section 8 MPDA Act. Preventive Detention Order Set Aside as Detenu Was Not Supplied Copies of In-Camera Statements and Bail Order, Depriving Him of Right to Make Effective Representation.

28 Jan 2019

The petitioner, Omkar Chandrashekhar Kapare, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Public Order Impact — Bootlegger's Activities Not Shown to Be Prejudicial to Public Order. The court held that the detaining authority failed to produce cogent material to show that the detenu's activities were prejudicial to the maintenance of public order, as distinct from law and order, under Section 3(1) of the MPDA Act.

18 Oct 2019

The petitioner, Dattatray Baswant Jagtap, challenged his preventive detention order dated 11th April 2019 passed under Section 3(1) of the Maharashtra...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Vague In-Camera Statements — Failure to Furnish Date, Time, and Place of Incidents Violates Detenu's Right to Make Effective Representation. The Court held that withholding details of incidents beyond witness identity renders statements vague and infringes Article 22(5) of the Constitution.

28 Oct 2013

The petitioner, Satish Shivcharan Samudre, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleg...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Vague In-Camera Statements — Failure to Furnish Dates and Places of Incidents Violates Detenu's Right to Make Effective Representation. The court held that withholding details of incidents in in-camera statements under Section 3(1) of MPDA Act renders the detention order illegal as it impairs the detenu's right to make an effective representation under Article 22(5) of the Constitution.

28 Oct 2013

The petitioner, Satish Shivcharan Samudre, challenged an order of detention dated 18th May 2013 passed by the Commissioner of Police, Nagpur under Sec...

High Court

WRIT PETITION NO.4872 OF 2006

25 Sep 2006

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