Mere Filing Of FIR Not Sufficient To Order Detention Under Gujarat Prevention Of Anti Social Activities Act: HC [Read Judgment]
7 years, 8 months ago

Mere Filing Of FIR Not Sufficient To Order Detention Under Gujarat Prevention Of Anti Social Activities Act: HC [Read Judgment]

Live Law  

Gujarat High Court on Wednesday set aside an order of detention passed under the Gujarat Prevention of Anti Social Activities Act, 1985, holding that the disorder caused by commission of an offence may not come under the purview of public disorder, irrespective of the gravity of the offence.“…it appears that the subjective satisfaction arrived at by the detaining authority cannot be said. Gujarat High Court on Wednesday set aside an order of detention passed under the Gujarat Prevention of Anti Social Activities Act, 1985, holding that the disorder caused by commission of an offence may not come under the purview of public disorder, irrespective of the gravity of the offence. “…it appears that the subjective satisfaction arrived at by the detaining authority cannot be said to be legal, valid and in accordance with law, inasmuch as the offences alleged in the FIR/s cannot have any baring on the public order as required under the Act and other relevant penal laws are sufficient enough to take care of the situation and that the allegations as have been levelled against the detenue cannot be said to be germane for the purpose of bringing the detenue within the meaning of section 2 of the Act,” Justice S.H. The Court further opined that filing of an FIR alone may not be enough to bring the case under the purview of the Act, and observed, “Unless and until, the material is there to make out a case that the person has become a threat and menace to the Society so as to disturb the whole tempo of the society and that all social apparatus is in peril disturbing public order at the instance of such person, it cannot be said that the detenue is a person within the meaning of section 2 of the Act,” The Court was hearing a Petition filed by one Mr. Kanji Bhaskarbhai Desai, challenging a detention order passed against him under Section 3 of the Act in April this year.

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History of this topic

Writ Petition For Quashing Of FIR Can't Serve As Substitute For Availing Remedies Under BNSS: Delhi High Court
1 week, 6 days ago

Writ Petition For Quashing Of FIR Can't Serve As Substitute For Availing Remedies Under BNSS: Delhi High Court

Live Law  

The Delhi High Court has recently observed that a writ petition filed under Article 226 of Constitution of India seeking quashing of an FIR cannot serve as a substitute for availing remedies specifically provided under the Bharatiya Nagarik Suraksha Sanhita, 2023, for securing personal liberty.Justice Sanjeev Narula made the observation while dismissing a plea moved by an accused in an. …

'Approach HC': Supreme Court Refuses To Entertain Contempt Petition Alleging Illegal Demolition Of Accused Persons' Houses In Gujarat
3 weeks, 1 day ago

'Approach HC': Supreme Court Refuses To Entertain Contempt Petition Alleging Illegal Demolition Of Accused Persons' Houses In Gujarat

Live Law  

The Supreme Court today refused to entertain a petition assailing demolition action stated to have been carried out by Ahmedabad authorities against houses of persons accused of crimes in violation of the Court's November 13 judgment.A bench of Justices BR Gavai and AG Masih passed the order, asking the petitioner, who claimed that the authorities were guilty of contempt of …

Supreme Court Refuses To Quash 2011 Gujarat Police FIR Against Ex-IAS Officer Pradeep Sharma, Grants Anticipatory Bail
3 weeks, 4 days ago

Supreme Court Refuses To Quash 2011 Gujarat Police FIR Against Ex-IAS Officer Pradeep Sharma, Grants Anticipatory Bail

Live Law  

The Supreme Court today, while refusing to quash the FIR against former Gujarat IAS Officer Pradeep Sharma for allegedly misusing official position to pass unduly favourable orders in a land dispute, granted him anticipatory bail. Thus Sharma was allegedly “acting against the interest of the Government and with a view to unduly favour the allottees, had passed the order with …

Article 22(5) | Preventive Detention Order Unconstitutional If All Grounds Of Detention Are Not Communicated To Detenu: Orissa High Court
1 month ago

Article 22(5) | Preventive Detention Order Unconstitutional If All Grounds Of Detention Are Not Communicated To Detenu: Orissa High Court

Live Law  

The Orissa High Court has reiterated that a preventive detention order shall be rendered unconstitutional for being violative of Article 22 of the Constitution if it does not specify each and every ground based upon which the order of detention was passed against the detenu. While setting aside a preventive detention order issued against the petitioner, who is accused of …

Assertion Of Accused Being Habitual Offender Not Sufficient For Preventive Detention, Must Establish Continuous Commission Of Offences: J&K High Court
Trending News
1 month, 2 weeks ago

Assertion Of Accused Being Habitual Offender Not Sufficient For Preventive Detention, Must Establish Continuous Commission Of Offences: J&K High Court

Live Law  

While setting aside a detention order, the J&K High Court held that preventive detention cannot be a punitive measure on the apprehension that the detenu is going to go scot-free in pending trials due to lack of support to the prosecution case. A bench of Justice Vinod Chatterji Kaul said that when the thread of connectivity between the last incident …

An Individual Can't Be Subjected To Preventive Detention Just Because They Participated In Political Rally Which Turned Violent: Bombay HC
1 month, 3 weeks ago

An Individual Can't Be Subjected To Preventive Detention Just Because They Participated In Political Rally Which Turned Violent: Bombay HC

Live Law  

Just because an individual participated in a political rally and the same turned violent later will not be a ground to initiate preventive detention process against them, said the Aurangabad bench of the Bombay High Court while ordering the release of a man booked for participating in a rally demanding reservations to the Maratha Community. A division bench of Justice …

FIR against Palaniswami: Madras High Court dismisses Opposition leader’s revision petition
2 months ago

FIR against Palaniswami: Madras High Court dismisses Opposition leader’s revision petition

The Hindu  

The Madras High Court on Wednesday dismissed a criminal revision petition filed by the Leader of the Opposition Edappadi K. Palaniswami challenging a judicial magistrate’s 2023 direction to the police to inquire into the charge of him having provided wrong information about his wealth and education in his 2021 election affidavit. Justice P. Velmurugan rejected the revision petition after finding …

Jharkhand High Court Quashes Prevention Detention Based On Station Diary Entries, Questions State For Not Lodging FIR If Crime Was Made Out
2 months, 2 weeks ago

Jharkhand High Court Quashes Prevention Detention Based On Station Diary Entries, Questions State For Not Lodging FIR If Crime Was Made Out

Live Law  

" So far as the Station Diary Entries are concerned, it is an admitted case that those have not culminated in any criminal case. It is surprising that if the acts mentioned in the Station Diary Entries are criminal acts and are cognizable in nature, then why the State has not filed any First Information Report. The court pointed out …

NSA | One Day Delay In Reporting To Centre About Preventive Detention Order Not Substantial: Punjab & Haryana High Court
2 months, 2 weeks ago

NSA | One Day Delay In Reporting To Centre About Preventive Detention Order Not Substantial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has upheld the preventive detention of Haryana's alleged Azad gang member Parveen alias Dada under the National Security Act, 1980.Among other grounds, it was argued that the State authorities did not follow the timeline provided under Section 3 of NSA. The Punjab and Haryana High Court has upheld the preventive detention of Haryana's alleged …

Gujarat HC raps law machinery for invoking POCSO Act in molestation case 8 years after FIR
2 months, 3 weeks ago

Gujarat HC raps law machinery for invoking POCSO Act in molestation case 8 years after FIR

Hindustan Times  

Ahmedabad, The Gujarat High Court has berated the police and prosecution for invoking sections of the Protection of Children from Sexual Offences Act against four men in a molestation case eight years after the FIR was filed and when the trial was near completion. The court said the investigating agency as well as prosecution prima facie failed to discharge their …

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
3 months, 1 week ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

Andhra Pradesh HC Grants Relief to Allu Arjun
3 months, 2 weeks ago

Andhra Pradesh HC Grants Relief to Allu Arjun

Deccan Chronicle  

It was contended that the FIR originated from a complaint by the deputy tahsildar of Nandyal, claiming that the visit of a Tollywood star to the MLA’s residence resulted in a large gathering, thereby breaching Section 144 of the CrPC and election code regulations. The Counsel for the petitioner would point out that the police had failed to apply due …

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy
Top News
3 months, 3 weeks ago

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy

Hindustan Times  

NEW DELHI: The Supreme Court on Monday shielded YSR Congress Party’s social media head Sajjala Bhargava Reddy from arrest for two weeks to enable him to approach the high court for bail, observing the interim protection was akin to allowing the petitioner to get first aid while the state government was “raining FIRs” on him. Former Andhra Pradesh chief minister …

Arrest info enough, grounds of arrest not necessary: Karnataka HC
3 months, 3 weeks ago

Arrest info enough, grounds of arrest not necessary: Karnataka HC

New Indian Express  

BENGALURU: The Karnataka High Court ruled that the verdicts of the Supreme Court, that grounds of arrest are to be informed to the accused, applies to the accused arrested under the Unlawful Activities Act and Prevention of Money Laundering Act and not for accused arrested under the Indian Penal Code and Karnataka Control of Organised Crimes Act, 2000. If grounds …

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
3 months, 3 weeks ago

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts. The bench of …

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders
3 months, 3 weeks ago

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders

Live Law  

The Karnataka High Court on Wednesday quashed proceedings initiated against Karnataka State BJP President B Y Vijayendra in connection with an FIR registered over an allegedly offensive post made on X, by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress. As per the prosecution case on April 19 MCC Nodal officer of Gandhinagar informed the complainant …

Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order
4 months ago

Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order

Live Law  

Underscoring the sacrosanct nature of personal liberty, the High Court of Jammu & Kashmir and Ladakh quashed a preventive detention order, terming it as a product of non-application of mind and procedural lapses. The preventive detentions are made on the basis of subjective satisfaction of the detaining authority in relation to an apprehended conduct of the detenu by considering his …

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench
9 months, 2 weeks ago

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench

The Hindu  

The Greater Chennai City Police on Thursday, June 6, 2024, filed a sub application before the Madras High Court claiming that Justice G. Jayachandran had agreed with the view taken by Justice P.B. Balaji, in a habeas corpus petition filed against YouTuber ‘Savukku’ Shankar alias A. Shankar’s detention under the Goondas Act, and therefore, the case must now be referred …

Karnataka Excise Act | Police Can't File FIR Solely On Basis Of Seizure Panchnama: High Court
11 months, 2 weeks ago

Karnataka Excise Act | Police Can't File FIR Solely On Basis Of Seizure Panchnama: High Court

Live Law  

The Karnataka High Court has set aside the conviction handed down to two accused under Sections 32, 34 and 38-A of the Karnataka Excise Act, holding that the police cannot file an FIR on the basis of seizure panchanama. The petitioners are acquitted for the offences punishable under Sections 32, 34 and 38-A of Karnataka Excise Act.” The prosecution alleged …

Not Detenue's Burden To Correct Typographical Error In FIR: J&K High Court Quashes Detention Order Due to Lapses By Authorities
11 months, 3 weeks ago

Not Detenue's Burden To Correct Typographical Error In FIR: J&K High Court Quashes Detention Order Due to Lapses By Authorities

Live Law  

Highlighting the importance of due diligence by authorities, the Jammu and Kashmir and Ladakh High Court has quashed the detention order of a resident of Baramulla, Kashmir. A bench of Justice Rahul Bharti found several lapses by the authorities, including a critical mistake in the FIR reference, which rendered the detention order unsustainable. “This omission with respect to wrong mentioning …

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC
1 year, 3 months ago

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC

Live Law  

The Punjab & Haryana High Court has quashed FIRs against political leaders booked for allegedly violating a Magistrate'sorder promulgated under Section 144 CrPC in 2020.It was alleged that a group of political leaders, including sitting and former MLAs and ministers of Punjab, violated the orders under Section 144 CrPC enforced in Chandigarh in 2020 to curb COVID-19. The Punjab & …

Upholding Public Order for Society's Well-Being, Not as Punishment
1 year, 4 months ago

Upholding Public Order for Society's Well-Being, Not as Punishment

Live Law  

The Kerala High Court on Thursday reminded that the power to detain individuals ought not to be used as a punitive measure, but to secure public order, in the larger interest of the society. The detention order, therefore,must reflect how public order would be vitiated if the person concerned is not detained invoking the provisions under the Kerala Anti-Social Activities …

Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped
1 year, 6 months ago

Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped

Live Law  

While setting aside a preventive detention order made by the State for detention of a lawyer in connection with smuggling under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, the Madras High Court noted that the live and proximate link between grounds of detention and purpose of detention had snapped. “In the case on hand, from …

Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court
1 year, 8 months ago

Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court

Live Law  

The Supreme Court on Monday held that if a person is summoned under Section 69 of the CGST Act, 2017 for the purpose of recording of his/her statement, the provision of Section 438 of Criminal Procedure Code, 1973 cannot be invoked.A division bench of Justice J B Pardiwala and Justice Prashant Kumar Mishra observed: “Thus, the position of law is …

Externment Order Not Valid If Competent Authority Fails To Consider Objective Material Or Record Subjective Satisfaction: Karnataka High Court
1 year, 9 months ago

Externment Order Not Valid If Competent Authority Fails To Consider Objective Material Or Record Subjective Satisfaction: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that consideration of objective material and subjective satisfaction of the competent authority is necessary before passing an order of externment. A single judge bench of Justice T G Shivashankare Gowda partly allowed the petition filed by one Mali Rizwan and quashed the order of Sub-divisional Magistrate, externing him from the limits of …

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court
1 year, 9 months ago

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court

Live Law  

The Kerala High Court on Monday held that a detention order issued against a person can be quashed on the basis of unexplained delay in issuing the order of detention after the last prejudicial activity of the detenu, as per the Kerala Anti-Social Activities Act, 2007. In other words, an unexplained delay in issuing the order of detention after the …

Person Against Whom Externment Order Is Passed Must Be Supplied 'Report' Leading To Such Decision: Karnataka High Court
1 year, 11 months ago

Person Against Whom Externment Order Is Passed Must Be Supplied 'Report' Leading To Such Decision: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that under Section 58 of the Karnataka Police Act, the report based on which a person is to be externed must be mandatorily supplied to such person along with the notice so issued. A single judge bench of Justice M Nagaprasanna allowed the petition filed by T Roopeshkumar @ Roopi and said …

Gujarat High Court Restrains Police From Filing Chargesheet Against Lawyer Accused Of Threatening Govt Official
2 years, 1 month ago

Gujarat High Court Restrains Police From Filing Chargesheet Against Lawyer Accused Of Threatening Govt Official

Live Law  

The Gujarat High Court recently stayed the filing of chargesheet against a practising advocate against whom an FIR was filed by a government official alleging that he had threatened the authorities while they were discharging their official duties.“Having regard to the facts and circumstances of the present case, prima-facie, it appears that, being professional advocate, he was called. The Gujarat …

Cops issue detention notice to person already in jail; HC seeks govt clarification
2 years, 1 month ago

Cops issue detention notice to person already in jail; HC seeks govt clarification

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court, comprising Justice Abhinand Kumar Shavili and Justice Pulla Karthik on Wednesday issued notices to the state government in a habeas corpus writ petition. The court directed the state to ascertain whether a detention order can be issued against a person, who is already in jail and asked the state to produce …

Detenu Aggrieved By Non-Supply Of Document Having Only 'Casual Connection' With Preventive Detention Must Explain Its Relevance: Kerala High Court
2 years, 1 month ago

Detenu Aggrieved By Non-Supply Of Document Having Only 'Casual Connection' With Preventive Detention Must Explain Its Relevance: Kerala High Court

Live Law  

The Kerala High Court recently held that a detention order can be invalidated on the ground that documents were not supplied to the detenu only if he can prove that prejudice was caused to him due to the non-supply of such documents. It is the obligation of the detenu to explain why such documents are relevant for issuing a detention …

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court
2 years, 1 month ago

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court

Live Law  

The petitioner argued that despite her representations, she could not get the concerned authorities to register an FIR. In its rebuttal, the Respondent State argued that considering the availability of remedies under the Criminal Procedure Code, it is not proper to invoke writ jurisdiction under article 226 of the Constitution. To bolster its argument, the State relied upon the Supreme …

Detention Order Passed For Pleasure Of Passing It, Grounds Not A Matter Of Wordplay: High Court Censures Kashmir Divisional Commissioner
2 years, 2 months ago

Detention Order Passed For Pleasure Of Passing It, Grounds Not A Matter Of Wordplay: High Court Censures Kashmir Divisional Commissioner

Live Law  

The Jammu & Kashmir and Ladakh High Court recently quashed a detention order under Prevention of Illicit Traffic In Narcotic Drugs and Psychotropic Substances Act, observing that it seems to have been passed for the pleasure of passing an order. The court made the observations in its decision on a habeas corpus plea challenging the legality of the detention order …

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court
2 years, 3 months ago

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court

Live Law  

The Supreme Court observed that the criminal proceedings can be quashed when the complaint on the basis of which FIR was registered does not disclose any act of the accused or their participation in the commission of crime. They are neither concerned with the registered sale deed dated 4th May, 1977 nor the later sale deed executed in favour of …

Detaining Authority Must Be Aware That Detenu Is Already In Custody & Must Show Compelling Reasons To Pass Preventive Detention Order: Kerala HC
2 years, 4 months ago

Detaining Authority Must Be Aware That Detenu Is Already In Custody & Must Show Compelling Reasons To Pass Preventive Detention Order: Kerala HC

Live Law  

The Kerala High Court recently reiterated the settled position that an order of preventive detention can be passed against a person who is already in custody, subject to the condition that the detaining authority is aware of the detenu already being in detention, and secondly, that there are compelling circumstances justifying such preventive detention. ".it is by now well settled …

Cannot Quash FIRs Merely On Basis Of Preliminary Enquiry Report: Tamil Nadu Govt To Madras High Court On SP Velumani's Quashing Petition
2 years, 4 months ago

Cannot Quash FIRs Merely On Basis Of Preliminary Enquiry Report: Tamil Nadu Govt To Madras High Court On SP Velumani's Quashing Petition

Live Law  

On the second day of the hearing of former minister SP Velumani's petitions seeking quashing of the two FIRs alleging irregularity in grant of tenders, the State argued that he cannot rely on the preliminary inquiry report to state that he was innocent.The submission was made by Advocate General R Shunmughasundaram before a division bench of Justice PN Prakash and …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 5 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

Article 22(5): Delay In Considering Representation Against Detention Order A Ground To Nullify It, Says Karnataka HC
2 years, 6 months ago

Article 22(5): Delay In Considering Representation Against Detention Order A Ground To Nullify It, Says Karnataka HC

Live Law  

The Karnataka High Court has said that delayed consideration by authorities of the representation made by a detenu amounts to violation of Article 22 of the Constitution of India and constitutes a ground to nullify the order of detention. Jayamma vs. Commissioner of Police, Bengaluru and Leelavathi vs. Commissioner of Police, Bengaluru & others, the bench said: "A duty is …

Court Cannot Order Registration Of FIR Against Investigating Officer U/S 218 IPC Sans Inquiry: Gujarat High Court
2 years, 6 months ago

Court Cannot Order Registration Of FIR Against Investigating Officer U/S 218 IPC Sans Inquiry: Gujarat High Court

Live Law  

The Gujarat High Court has clarified that offences under Sections 218 and 219 of the IPC which pertain to a public servant framing incorrect records for saving a person from punishment and making reports in a corrupt manner, cannot be invoked without initiation of inquiry or in absence of any evidence. The Single Judge Bench was hearing a petition by …

S.195(1) CrPC Does Not Bar Registration Of FIR Or Require That Written Complaint By Public Servant Be Filed Before Court: MP High Court
2 years, 7 months ago

S.195(1) CrPC Does Not Bar Registration Of FIR Or Require That Written Complaint By Public Servant Be Filed Before Court: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench, recently held that Section 195 of CrPC nowhere states that that written complaint by the public officer has to be filed before the Court. The sole argument of the Applicant before the Court was that as per the provision under Section 195 CrPC, offence under Section 188 IPC can only be registered on …

Police bound to file FIR: Bombay high court after cops refuse to file case due to POCSO circular
2 years, 8 months ago

Police bound to file FIR: Bombay high court after cops refuse to file case due to POCSO circular

India Today  

The Bombay high court, while hearing a petition filed by a woman after police refused to register an FIR following a POCSO circular issued by former Mumbai police commissioner Sanjay Pandey, stated that it is the duty of the police to register an FIR when a cognizable offence is brought to its notice. The court also directed that a special …

No "Live Link" With Past Incidents: MP High Court Quashes Preventive Detention Order U/S 3(2) Of National Security Act, Awards 10K Cost
2 years, 8 months ago

No "Live Link" With Past Incidents: MP High Court Quashes Preventive Detention Order U/S 3(2) Of National Security Act, Awards 10K Cost

Live Law  

The Madhya Pradesh High Court, Indore Bench recently set aside an order of Preventive Detention under the National Security Act and further imposed a cost of Rs. The Court observed that there was no live link between the earlier alleged incidence on the part of the Petitioner and the incidence in respect of which his detention order had been passed. …

Offences Under Drugs & Cosmetics Act & Medical Practitioner Act Can't By Itself Bring Detenu Under Gujarat Prevention Of Anti-Social Activities Act: High Court
2 years, 9 months ago

Offences Under Drugs & Cosmetics Act & Medical Practitioner Act Can't By Itself Bring Detenu Under Gujarat Prevention Of Anti-Social Activities Act: High Court

Live Law  

The Gujarat High Court while allowing the petition against the order of detention of the Petitioner has held that offences under Section 27 of the Drugs and Cosmetics Act and Sections 30 and 35 of the Gujarat Medical Practitioner Act by itself cannot bring the detenu within the fold of the Gujarat Prevention of Anti-Social Activities Act, 1985. The Bench …

No Untoward Incident Has Occured: Gujarat High Court Dismisses Plea For Cancellation Of Bail Of Accused Under SC/ST Act
2 years, 10 months ago

No Untoward Incident Has Occured: Gujarat High Court Dismisses Plea For Cancellation Of Bail Of Accused Under SC/ST Act

Live Law  

Observing that no untoward incident has taken place since the persons accused under the Scheduled Castes and Scheduled Tribes Act, 1989 were released on bail, the Gujarat High Court has refused to entertain an application preferred by the complainant for cancellation of bail.Bench comprising Justice Ashutosh Shastri observed,"Trial is already set on motion and the. Observing that no untoward incident …

Non-Supply Of Vital Documents To Detenue Hampers His Right To Make Representation: J&K&L High Court Quashes Preventive Detention Order
2 years, 10 months ago

Non-Supply Of Vital Documents To Detenue Hampers His Right To Make Representation: J&K&L High Court Quashes Preventive Detention Order

Live Law  

Jammu and Kashmir High Court recently quashed a preventive detention order declaring it to be illegal on ground that all important documents related to the matter were not provided to the detenue. Justice Sanjay Dhar observed: "Contention of the petitioner that whole of the material relied upon by the detaining authority, while framing the grounds of detention, has not been …

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court
2 years, 11 months ago

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court

Live Law  

The Karnataka High Court has said it is not necessary to register FIR whenever a police officer receives information over the phone or in some other way about an offence which is likely to take place. Court findings: Senior Advocate Hashmath Pasha referred to the judgement in the case of Lalita Kumari vs Government of Uttar Pradesh and Others and …

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint
3 years ago

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint

Live Law  

Affirming the Trial Court's decision of dismissing a private complaint on the ground that the dispute was of civil nature, the Gujarat High Court has observed that the Trial Court had duly followed the procedure under Section 203 of the Code of Criminal Procedure. The Bench comprising Justice Vipul Pancholi was hearing a petition under Art 227 wherein the Petitioner …

Madhya Pradesh High Court Quashes Order Of Preventive Detention As District Magistrate Failed To Forward The Order To Govt. Forthwith
3 years, 1 month ago

Madhya Pradesh High Court Quashes Order Of Preventive Detention As District Magistrate Failed To Forward The Order To Govt. Forthwith

Live Law  

The High Court of Madhya Pradesh recently set aside the order of preventive detention passed by the District Magistrate, holding that he failed to discharge his obligation, in as much as forwarding the case to the State Government after nearly 10 days of passing the respective order. Bansal was essentially dealing with a writ petition filed by the Petitioner, wherein …

Second FIR On Same Incident Is Abuse Of Process Of Law, May Be Quashed Without Awaiting Final Report U/S 173 CrPC: Punjab & Haryana HC
3 years, 2 months ago

Second FIR On Same Incident Is Abuse Of Process Of Law, May Be Quashed Without Awaiting Final Report U/S 173 CrPC: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has held that if a second FIR is registered regarding an incident on which a prior FIR already exists, it amounts to abuse of process of law and the High Court is well within its powers under Section 482 CrPC to quash the same, without awaiting a final report under Section 173 CrPC. The …

Delhi Court Stays FIR Against Sambit Patra for Posting Arvind Kejriwal's Doctored Video
3 years, 3 months ago

Delhi Court Stays FIR Against Sambit Patra for Posting Arvind Kejriwal's Doctored Video

News 18  

A Delhi court on Wednesday granted interim relief to BJP leader Sambit Patra and stayed an order directing registration of an FIR against him for allegedly posting a doctored video of Delhi Chief Minister Arvind Kejriwal supporting the farm laws. Additional Sessions Judge Sanjay Sharma stayed the November 23 order of Metropolitan Magistrate Rishabh Kapoor who had directed Delhi Police …

'Even A Single Act Against Public Peace & Order Can Be Sufficient Ground For Detention': Jammu & Kashmir & Ladakh High Court
3 years, 3 months ago

'Even A Single Act Against Public Peace & Order Can Be Sufficient Ground For Detention': Jammu & Kashmir & Ladakh High Court

Live Law  

The Jammu & Kashmir & Ladakh High Court has recently upheld the detention order of a habitual offender on the grounds that he has been creating a sense of alarm and feeling of insecurity in the minds of people in the area, causing a chronic fear among them. Relying on various apex court judgments like Debu Mahato v. State of …

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