Additional Public Prosecutor Not State Employee; Cannot Be Prosecuted As 'Public Servant' Under PC Act: Bombay High Court

The Bombay High Court has upheld the discharge of an Additional Public Prosecutor accused of demanding a bribe, holding that an Additional Public Prosecutor appointed on a tenure basis is not a public servant for the purposes of prosecution under the Prevention of Corruption Act, 1988. The Court relied on the Supreme Court's ruling in State of U.P. v. Johri Mal, which distinguishes the appointment of Public Prosecutors and Additional Public Prosecutors from that of Assistant Public Prosecutors,...

Supreme Court Criticises Allahabad High Court For Casually Granting Probation To Convicts In Brutal Attack Case

'Nature of offence' and 'character of offender' must guide probation, the Court stated

False Representation Of Superior Court Order Is Among Gravest Species Of Fraud: Patna High Court Cancels Bail

The Patna HC has held that falsely representing the purport of a superior court's order before a subordinate court to obtain bail amounts to a grave form of fraud and vitiates the bail order at its inception. The Court accordingly cancelled the bail granted to an accused after finding that he had falsely claimed that an earlier order of the High Court permitted him to renew his bail plea after cognizance and commitment of the case.A Single Judge Bench of Justice Sandeep Kumar was hearing a...

Sabarimala Gold Theft: Kerala High Court Rejects Accused Jeweller Govardhan's Plea For Permission To Travel Abroad

The Kerala High Court on Thursday (October 15) rejected the pleas moved by Sabarimala Gold Theft accused Roddam Pandurangaiah Naga Govardhan seeking permission to travel abroad for his daughter's graduation. [2026 LiveLaw (Ker) 582]A detailed order is awaited.Justice A. Badharudeen dismissed the pleas, which were preferred after the Enquiry Commissioner and Special Judge, Kollam refused to release his passport or to permit him to travel to Australia for the graduation ceremony.Govardhanan is...

'Sordid State Of Affairs': Allahabad High Court Says UP Police Are A 'Law Unto Themselves', Declares Man's Detention Unlawful

The Allahabad High Court has once again criticized the Uttar Pradesh Police over the unlawful detention of a man before his formal arrest, observing that the police appeared to be acting as a "law unto themselves". A Bench of Justice Atul Sreedharan and Justice Achal Sachdev allowed a habeas corpus petition filed by a man while holding his detention in police custody to be 'unlawful'. The Court directed his immediate release, if he was not required in any other case."This case reflects the...

Kerala High Court Rejects Former CM Pinarayi Vijayan's Plea To Challenge Vigilance FIR Direction In CMRL-Exalogic Case

The Kerala High Court on Thursday (October 15) refused to grant permission to former Chief Minister Pinarayi Vijayan, daughter Veena T. and son-in-law/ex-Minister Muhammed Riyas to appeal against the Single Bench order directing Vigilance FIR against them in CMRL-Exalogic pay off case. [2026 LiveLaw (Ker) 580]The Division Bench of Justice K. Natarajan and Justice Johnson John today dismissed the leave petitions filed by the three seeking permission to appeal against the order. It...

Exhaust BNSS Remedies Before Approaching HC Under Article 226 For FIR Registration, Unless Urgency Warrants: AP High Court

The Andhra Pradesh High Court has held that a person aggrieved by the police's failure to register a FIR must ordinarily pursue the remedies available under the BNSS, before approaching the High Court under Article 226 of the Constitution unless urgent intervention is warranted.The case arose from a petition filed by a 65-year-old man alleging police inaction on his complaint about the alleged fraudulent registration of a document. He sought an FIR against the private individual allegedly...

Preliminary Order Under Section 133 CrPC Is Sine Qua Non For Proceedings Seeking Removal Of Public Nuisance: Jharkhand High Court

The Jharkhand HC has held that a preliminary order as contemplated under Section 133 of the Code of Criminal Procedure is a sine qua non for proceedings seeking removal of a public nuisance, and that where the person against whom such order is made appears and shows cause, the Magistrate must provide an opportunity to adduce evidence in accordance with Section 138 CrPC.A Single Judge Bench...

SFI Activist Abhimanyu Murder Case: Kerala High Court Refuses To Halt Trial Till Completion Of Probe Against Co-Accused

The Kerala High Court on Tuesday (October 13) refused to halt the trial in the murder of SFI Activist Abhimanyu, which is pending before the Sessions Court, Ernakulam. [2026 LiveLaw (Ker) 576]Abhimanyu was stabbed to death in 2018 during a campus political rivalry at Maharaja's College in Ernakulam. Presently, trial is pending before the Sessions Court against 16 accused (Accused Nos. 1 to...

HP High Court Quashes Notice Issued To Bajaj Finance U/S 94 BNSS For Production Of Allegedly Stolen Pledged Gold

The Himachal Pradesh High Court has held that a non-banking financial company (NBFC) cannot be compelled to produce pledged gold ornaments allegedly linked to a criminal offence merely through a notice issued under Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.The Court observed that the investigating agency must approach the competent court under Sections 106 and 107 of...

Karnataka High Court Issues Notice On Plea Seeking Return Of Pet African Grey Parrot Seized By Forest Department

The Karnataka High Court on Tuesday [October 13] issued notice on a plea filed by a Bengaluru resident seeking the return of his pet African Grey Parrot, which was seized by the Karnataka Forest Department's CID [Aranya Sanchari Dala] in July.The single judge bench of Justice C.M. Poonacha issued notice to the respondents-State of Karnataka, the Forest Department, and the CID Aranya Sanchari...

Section 161 CrPC Statements Cannot Be Relied On At Trial But Can Be Considered At Cognizance Stage : Supreme Court

The Supreme Court has held that although the statements recorded by the police under Section 161 Cr.P.C./Section 180 BNSS cannot be relied on at trial, they can be considered at the cognizance stage. “Section 161 CrPC statements, obviously, cannot be relied on at the trial, but definitely could be gone into at the time of cognizance, since that is the material available before the Court,...