Search Results for "Section 438 BNSS"

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Search Results for "Section 438 BNSS"

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High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated.

15 Jun 2026

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bomb...

High Court

Madras High Court Allows Interim Custody of Vehicles Allegedly Purchased from Proceeds of Crime — Emphasizes Right to Use Property Pending Trial. The court held that mere allegation of proceeds of crime without proof does not disentitle the owner to interim custody, especially when the vehicles were transferred before the FIR.

1 Jun 2026

The judgment pertains to two Criminal Revision Cases filed by A.J. Prabhakaran and D. Jagannathan, owners of a Mercedes Benz S350 and a Defender vehic...

High Court

Madras High Court Dismisses Revision Against Refusal to Direct FIR Registration in Cryptocurrency Fraud Case — Complaint Lacks Territorial Jurisdiction as Cause of Action Arose in USA and Baroda.

1 Jun 2026

The petitioner, M.Bharanidharan Ranganathan, a Non-Resident Indian, filed a Criminal Revision under Sections 438 r/w 442 of the Bharatiya Nagarik Sura...

High Court

Madras High Court Dismisses Revision Against Forwarding of Complaint for Forgery Investigation — Pendency of Civil Suit No Bar to Criminal Proceedings Under BNSS. The court held that the Magistrate's forwarding of a complaint under Section 175(3) BNSS based on a forensic report indicating forgery was valid, and the pendency of a civil suit does not bar criminal proceedings.

24 Apr 2026

The case involves a criminal revision petition filed by four petitioners challenging an order of the Judicial Magistrate No.II, Dharmapuri, dated 16.0...

High Court

High Court Dismisses Writ Petition in Criminal Matter Due to Availability of Alternate Remedy. Order Rejecting Application Under Section 156(3) of Criminal Procedure Code is Final and Revisable Under Section 397, Making Writ Petition Under Article 226 Read with Section 482 Not Maintainable.

25 Mar 2026

The dispute originated from Kotak Mahindra Bank Ltd. (the petitioner) filing an application under Section 156(3) of the Criminal Procedure Code before...

High Court

Gujarat High Court Grants Anticipatory Bail to Husband in Dowry Harassment Case — Custodial Interrogation Not Required as Allegations Are General and Vague. Court Held That Section 482 BNSS Anticipatory Bail Application Is Maintainable and That the Applicant Has Made Out a Case for Pre-Arrest Bail Given the Lack of Specific Allegations and the Fact That the Complainant Is Living Separately.

5 Jan 2026

The applicant, Karan Daljit Gambhir, filed an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking anticipator...

High Court

High Court of Karnataka Acquits Accused in Prison Offence Case Due to Lack of Sanction — Conviction Under Section 58 of Karnataka Prisons (Amendment) Act, 2022 Quashed as Prosecution Initiated Without Mandatory Previous Sanction Under Section 59 of the Act.

9 Oct 2025

The petitioner, Shakuntala W/o Bhogappa Nayak Desai, was convicted by the V Additional Civil Judge and JMFC, Vijayapur in C.C. No. 9213/2022 for an of...

High Court

Madras High Court Modifies Bail Condition in PMLA Case — Reduces Deposit Amount from Rs. 3 Lakhs to Rs. 1 Lakh Due to Financial Hardship. The court held that the condition of deposit under Section 528 BNSS can be modified when the accused demonstrates financial inability, while ensuring cooperation with the trial.

10 Jan 2025

The petitioner, N. Vennila, accused no.2 in C.C.No.59 of 2016 pending before the Principal Sessions Judge, Chennai, filed a criminal original petition...

High Court

Madras High Court Allows Quashing of FIR in Personal Dispute Case Following Compromise. Court exercises inherent power under Section 528 BNSS to quash criminal proceedings for offences under Sections 448, 294(b), 352, 506(2) IPC after amicable settlement.

3 Jan 2025

The petitioners filed a Criminal Original Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashing of FIR in...

High Court

High Court of Karnataka Quashes FIR in Rape Case Due to Lack of Prima Facie Evidence and Malafide Prosecution. Allegations of Rape on False Promise of Marriage Found Baseless as Relationship Was Consensual and Complaint Filed After Civil Dispute.

30 Sep 2024

The petitioner, Arunkumar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) and Section 528 of the Bharatiya...

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