Search Results for "Police Powers"

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Search Results for "Police Powers"

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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...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

Supreme Court

Supreme Court Allows Appeals Against High Court Order Quashing Proceedings in Murder Conspiracy Case — Prima Facie Case of Fabricated Alibi Established. Police Officers Allegedly Created Bogus Excise Case to Shield Murder Accused, High Court Erred in Quashing Under Section 482 CrPC.

13 Dec 2024

The Supreme Court allowed the appeals filed by the appellant, Om Prakash Yadav, against the judgment of the Allahabad High Court which had quashed cri...

High Court

High Court of Karnataka Heard Multiple Petitions Seeking Quashing of Criminal Proceedings for Offences under MMRD Act and IPC Together Due to Common Question of Law. Petitioners assailed registration of cases under both special enactment and general penal code as impermissible, invoking inherent jurisdiction of the High Court.

6 Feb 2019

The High Court of Karnataka, Dharwad Bench, heard twelve connected criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973,...

High Court

High Court of Karnataka Quashes FIR in Corruption Case Due to Lack of Sanction — Petitioner's disproportionate assets case quashed as investigation commenced without mandatory prior sanction under Section 19 of Prevention of Corruption Act, 1988.

14 Mar 2017

The petitioner, Sri Chandrashekhar Eligar, a Superintending Engineer in the PWD Department, filed a writ petition under Articles 226 and 227 of the Co...

High Court

Bombay High Court Dismisses Petition Seeking Mandamus to Register FIR in Economic Offences Case — No Mandatory Duty to Register FIR on Private Complaint Without Preliminary Inquiry. Court Holds That Police Have Discretion to Conduct Preliminary Inquiry Before Registering FIR Under Section 154 CrPC, and Writ of Mandamus Cannot Be Issued to Compel Registration.

26 Nov 2010

The petitioner, Mrs. Charu Kishor Mehta, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking a writ of mandamus to c...

High Court

Karnataka High Court Quashes Registration of FIR in Non-cognizable Offence Case for Non-application of Mind by Magistrate. Permission to Investigate Criminal Intimidation Under Section 506 IPC Granted Without Recording Satisfaction Violates Requirement of Section 155(2) of CrPC.

16 Jun 2023

The petitioner challenged the registration of a crime under Section 506 of the Indian Penal Code, 1860 for criminal intimidation, on the ground that t...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Accused No.2 in Immoral Traffic Case Due to Non-Compliance with Section 13 of ITP Act. Raid conducted by Circle Inspector not designated as Special Police Officer under Section 13 of the Immoral Traffic (Prevention) Act, 1956 renders the entire investigation illegal and proceedings liable to be quashed.

3 Feb 2016

The petitioner, Shankare Gowda @ Shankara, was arrayed as accused No.2 in a case registered under Sections 3, 4, 5, 6, 7, 8, and 9 of the Immoral Traf...

High Court

High Court of Bombay Considers Maintainability of Revision Against Order Under Section 156(3) CrPC. Division Bench Examines if Order Directing Police Investigation is Interlocutory and if Revision Lies Under Section 397 or 401 of the Criminal Procedure Code, 1973.

21 Oct 2015

The High Court of Judicature at Bombay, Aurangabad Bench, was seized of several criminal writ petitions and applications challenging orders passed by ...

High Court

Bombay High Court Directs Police to Register FIR and Investigate Complaint of Cheating and Criminal Breach of Trust — Petitioner's Grievance of Inaction by Police Upheld. The court held that the police have a mandatory duty under Section 154 of the Code of Criminal Procedure, 1973 to register an FIR upon receipt of information disclosing a cognizable offence, and failure to do so entitles the aggrieved person to seek a writ under Article 226 of the Constitution of India.

19 Dec 2011

The petitioner, Mukesh R. Gokal, a garment exporter, filed a writ petition under Article 226 of the Constitution of India seeking directions to the po...

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