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Search Results for "detention without charge sheet"

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High Court

Bombay High Court Quashes FIR in Criminal Case Due to Lack of Evidence and Abuse of Process — Quality of a Nation's Civilization Measured by Methods Used in Enforcement of Criminal Law.

3 Dec 2025

The petitioner, Chandrashekhar Bhimsen Naik, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

High Court

Bombay High Court Quashes MPDA Detention Order for Lack of Public Order Impact — Mere Law and Order Issues Insufficient for Preventive Detention Under Section 3(1) of MPDA Act. The court held that the detaining authority's subjective satisfaction must be based on material showing a threat to public order, not merely law and order, and that eight past criminal cases and a chapter case did not establish such a threat.

19 Sep 2025

The petitioner, Prashik @ Parshya Dilip Odhane, challenged a detention order dated 01.07.2025 passed by the District Magistrate, Nanded, under Section...

High Court

Madras High Court Allows Habeas Corpus Petition in Preventive Detention Case Due to Unexplained Delay — Detention Order Quashed as Live and Proximate Link Snapped. The court held that a delay of over one month between arrest and detention order without explanation renders the detention order invalid under Article 226 of the Constitution of India.

24 Jan 2025

The petitioner, Rajasekar, father of the detenu Balasakthi, filed a Habeas Corpus Petition under Article 226 of the Constitution of India before the M...

High Court

Bombay High Court Dismisses Default Bail Appeals in UAPA Case — Extension of Investigation Time Valid Despite Procedural Irregularities. Supreme Court Had Restored Extension Order, Charge-Sheet Filed Within Extended Period, Hence No Indefeasible Right to Default Bail Under Section 167(2) CrPC.

26 Jul 2024

The case involves two criminal appeals challenging a common order dated 28th June 2022 passed by the learned Special Judge, NIA, Greater Mumbai, rejec...

Supreme Court

Supreme Court Refers Default Bail Computation Issue to Larger Bench Due to Conflicting Precedents. The Court Examines Whether Date of Remand is Included or Excluded in Calculating 60/90-Day Period Under Section 167(2) of Code of Criminal Procedure, 1973 for Entitlement to Default Bail.

27 Mar 2023

The Supreme Court addressed a reference concerning the computation of the remand period for default bail under Section 167(2) of the Code of Criminal ...

Supreme Court

Supreme Court Quashes Extension Orders and Grants Default Bail to Accused in Gujarat Control of Terrorism and Organised Crime Act Case Due to Procedural Violation. The Court held that production of accused before the Special Court when considering Public Prosecutor's report for extension of investigation period under Section 20(2) of the 2015 Act is mandatory, and non-compliance renders extension orders illegal, entitling accused to default bail under Section 167(2) of Code of Criminal Procedure, 1973.

23 Sep 2022

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions filed by accused persons charged under the Gujarat Control of T...

Supreme Court

Supreme Court Dismisses Appeals in National Investigation Agency Act Case Upholding State Court Jurisdiction Until NIA Takeover. The Court held that under Section 6(7) of the National Investigation Agency Act, 2008, the State Police may continue investigation until the NIA actually takes over, and state courts retain jurisdiction under the Code of Criminal Procedure, 1973 for scheduled offences until that point.

20 Oct 2021

The appeals arose from a judgment of the Bombay High Court dated 5 July 2018, which dismissed a criminal writ petition challenging the jurisdiction of...

High Court

Bombay High Court Allows Default Bail to Accused in Murder Case Under Section 167(2) CrPC Due to Investigation Delay. Statutory Right to Default Bail Cannot Be Denied Even When Investigation Under MCOCA Is Pending, as Charge Sheet Was Filed After the Application for Default Bail.

23 Aug 2016

The petitioner, Pankaj Sundarlal Yadav, was accused No.7 in Crime No.113/2015 registered at Police Station Gondia for offences under Section 302 read ...

High Court

High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Grounds in Known Language. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated as Grounds Were Served in English, Not in Kannada Which Detenu Understood.

2 Jun 2016

The petitioner, Smt. Shylamma, mother of the detenu Abhishek @ Abhi @ Sutta, filed a habeas corpus petition under Articles 226 and 227 of the Constitu...

High Court

Bombay High Court Resolves Conflict on Applicability of Section 167(2)(a)(i) vs (ii) CrPC for Default Bail in Offences Punishable with Life Imprisonment. The court held that life imprisonment is a term of not less than ten years, thus the 90-day period under clause (ii) applies.

7 Jul 2006

The case arose from a reference made by a learned Single Judge of the Bombay High Court while hearing a bail application filed by two accused persons,...

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