Search Results for "Police Powers"

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Search Results for "Police Powers"

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High Court

High Court of Karnataka Quashes Proceedings Against Police Officers in Custodial Torture Case — Lack of Sanction Under Section 197 CrPC and Inherent Power Under Section 482 CrPC. Proceedings in S.C.No.145/2019 for offences under Sections 167, 330, 342, 348, 307 read with 149 IPC quashed as sanction under Section 197 CrPC was not obtained and continuation would be abuse of process.

24 May 2021

The petitioners, seven police officers, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the enti...

High Court

Bombay High Court Quashes Entry of Petitioner as Suspect in Charge-Sheet Holding Naming Suspect Without Evidence Illegal. Describing Person as Suspect in Police Report Under Section 173 CrPC Violates Procedure Established by Law and Right to Reputation Under Article 21.

24 Jan 2011

The dispute arose from the Maharashtra Public Service Commission (MPSC) paper scam case. The Anti-Corruption Bureau (ACB) registered an FIR on 20 June...

High Court

Bombay High Court Dismisses Discharge Application of Police Constables in Murder Case — Section 161 Bombay Police Act Limitation Not Applicable to Offences of Murder and Custodial Violence. The court held that the protection under Section 161 of the Bombay Police Act is not available for serious offences like murder and custodial violence, and the application for discharge under Section 227 CrPC was premature.

10 Jun 2013

The applicant, Manabai w/o Kashirao Tondle, filed a criminal application under Section 227 of the Code of Criminal Procedure, 1973, seeking discharge ...

High Court

Bombay High Court Awards Compensation for Illegal Arrest in Electricity Theft Case Despite Full Payment of Dues. Petitioner's Arrest Violated Article 21 as Police Failed to Verify Payment from Complainant Before Arrest Under Sections 135 and 150 of Indian Electricity Act, 1886.

1 Oct 2024

The petitioner, Alex Isaac, filed a criminal writ petition seeking a direction for legal action against persons responsible for his illegal arrest and...

High Court

High Court of Karnataka, Dharwad Bench, Examines Legality of Police Notices for Production of Gold Articles from NBFCs under Section 91 CrPC and Section 94 BNSS. Petitions by Manappuram Finance Limited and Muthoot Finance Limited challenge notices issued by investigating officers seeking production of gold ornaments pledged by accused persons in robbery cases, arguing police can only summon documents for examination and not seize.

27 Sep 2024

The High Court of Karnataka, Dharwad Bench, heard four writ petitions together filed by Manappuram Finance Limited and Muthoot Finance Limited, both n...

High Court

High Court of Karnataka Quashes FIR Against Commercial Tax Officers in Corruption Case — Lack of Sanction Under Section 19 of PC Act Renders Prosecution Invalid. FIR under Sections 13(1)(d), (i)(ii)(iii), 13(1)(e) read with 13(2) of Prevention of Corruption Act, 1988 quashed as prior sanction from competent authority was not obtained, violating mandatory requirement under Section 19(1) of PC Act.

23 Mar 2017

The petitioners, four public servants employed as Commercial Tax Officers and staff, filed a criminal petition under Section 482 of the Code of Crimin...

High Court

Bombay High Court Examines Constitutionality of National Investigation Agency Act, 2008, in Malegaon Blast Case. Petitioners Challenged Legislative Competence and Transfer of Investigation Without State Consent, Arguing Encroachment on State Police Powers.

11 Oct 2013

The matter arose from two criminal writ petitions filed in the Bombay High Court challenging the constitutional validity of the National Investigation...

High Court

CRIMINAL WRIT PETITION NO.3931 OF 2016

14 Dec 2016

The petitioner, a former PWD Minister of Maharashtra, filed a habeas corpus petition under Articles 226 and 227 of the Constitution challenging his ar...

Supreme Court

Supreme Court Upholds Union of India in Section 17A Challenge — Prior Approval Requirement for Investigating Public Servants is Constitutionally Valid. Read Down to Mandate Independent Screening; Lokpal to Approve for Covered Public Servants.

1 Jan 1970

The writ petition was filed by the Centre for Public Interest Litigation challenging the constitutional validity of Section 17A of the Prevention of C...

High Court

Bombay High Court Quashes Police Order Restricting Entry to Educational Society Premises Under Section 39(1) of Bombay Police Act — Order Held Disproportionate and Without Proper Application of Mind. The court held that a preventive order under Section 39(1) must be based on material showing imminent danger of breach of peace and cannot be used to decide civil disputes over management of a society.

26 Jul 2013

The petitioners, Anandraj Y. Ambedkar and others, challenged an order dated 6 July 2013 passed by the Commissioner of Police, Mumbai, under Section 39...

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