Search Results for "custody requirement"

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Search Results for "custody requirement"

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Supreme Court

Supreme Court Grants Leave to Appeal Against High Court's Order Modifying Police Custody Conditions in Custodial Death Case. The State of Andhra Pradesh contends that mandatory videography and advocate presence during interrogation under Section 187 BNSS impinge upon the investigating agency's autonomy.

27 Jul 2026

The case pertained to a custodial death investigation where the respondent, a police inspector, was accused of offences under the Bharatiya Nyaya Sanh...

Supreme Court

Supreme Court Allows Appeals Against De-Freezing of Bank Accounts in Seizure Case Under Section 102(3) CrPC — Delayed Reporting to Magistrate Does Not Vitiate Seizure Order; Requirement is Directory, Not Mandatory.

13 May 2024

The Supreme Court considered appeals by the first informant in Crime No.318 of 2022 against an order of the Madras High Court dated 09.08.2023, which ...

Supreme Court

Supreme Court Dismisses Recusal Plea in Habeas Corpus Challenge to Contempt Detention; Holds Embarrassment and Alleged Error Insufficient for Judicial Withdrawal. Non-compliance of court's directions in contempt proceedings led to detention under Articles 129 and 142, and the bench ruled that allegations of bias were unfounded and did not necessitate recusal.

1 Jan 1970

The Supreme Court was seized of a criminal writ petition filed by Subrata Roy Sahara challenging an order dated 04.03.2014 passed by the same bench in...

High Court

Bombay High Court Considers Compensation for Alleged Illegal Detention and Torture by Karnataka Police. Petitioner Alleges Violation of D.K. Basu Guidelines and Extortion via ATM Withdrawals During Unaccounted Custody.

17 Oct 2019

The case involves a criminal writ petition filed by the wife of an alleged detenu under Article 226 of the Constitution of India seeking compensation ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. The court held that the detaining authority failed to consider the detenu's custody and bail status, vitiating the preventive detention order.

20 Feb 2023

The petitioner, wife of the detenu Firoz @ Babali Makbul Khan, challenged the detention order dated 6th September 2022 passed by the Commissioner of P...

Supreme Court

Supreme Court Directs Compliance with Section 173(2) CrPC for Chargesheet Contents — Emphasizes Need for Sufficient Details and Evidence in Police Reports. The Court held that chargesheets must contain sufficient details of facts and evidence, not merely reproduce the FIR, and clarified that arrest is not mandatory before filing chargesheet under Section 170 CrPC.

1 May 2024

The Supreme Court addressed concerns regarding the nature of chargesheets filed in some jurisdictions, where they merely reproduce the FIR without sta...

Supreme Court

Supreme Court Upholds Preventive Detention Orders Under COFEPOSA for Gold Smuggling — High Court's Quashing Set Aside for Non-Application of Mind Regarding Bail Likelihood. The Court held that the detaining authority must record satisfaction of imminent bail possibility, but service of documents within statutory period is valid.

18 Jul 2019

The Supreme Court of India heard appeals against the Bombay High Court's judgment dated 25.06.2019 quashing preventive detention orders passed under S...

High Court

Bombay High Court Quashes Orders Extending Judicial Custody and Grants Statutory Bail Under UAPA for Non-compliance with Public Prosecutor's Report Requirement. The court held that a rubber stamp on an investigating officer's application does not satisfy the mandate of Section 43D(2) of the Unlawful Activities (Prevention) Act, 1967, and the accused are entitled to default bail under Section 167(2) CrPC.

21 Sep 2017

The case involved a petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure seeking quashing of orders ...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail Application and Acquittal in Main Case Not Considered. Failure to Consider Pending Bail Application and Subsequent Acquittal in Substantive Offence Vitiated Subjective Satisfaction Under Section 3(1) of MPDA Act.

18 Nov 2016

The petitioner, brother of the detenu Sanaullah Abdul Khan, challenged a preventive detention order dated 23.12.2015 passed by the Commissioner of Pol...

High Court

Bombay High Court Quashes Preventive Detention Order Under M.P.A.D. Act for Lack of Proximity Between Offences and Public Order. Detenu's Criminal Acts Were Against Individuals, Not Society at Large, Failing the Test of 'Public Order' Under Section 2(b-1) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

12 Sep 2025

The petitioner, Ganesh Bharat Giri, aged 23, challenged an order of preventive detention dated 11.05.2025 passed by the District Magistrate, Beed unde...

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