'Substratum Of Dispute No Longer Exists': Rajasthan High Court Quashes Rape, POCSO FIR After Marriage Between Parties

The Rajasthan High Court has allowed quashing of an FIR for the offence of rape and under POCSO Act, on the ground of compromise reached between parties, taking into account the past cordial relationship between them as well as their marriage and consequentially bleak chances of successful prosecution. The bench of Justice Anil Kumar Upman opined that it was highly unlikely that the victim...

Part-Heard Criminal Trial Can Be Transferred; Accused Cannot Insist On Same Judge Continuing Case: Karnataka High Court

The Karnataka High Court has held that a part-heard criminal trial which has not crossed stage of examination of accused, final arguments nor has been reserved for judgment can be transferred to another court and in such circumstances accused cannot insist upon the same presiding officer to continue hearing his case. Referring to judgments, Justice M. Nagaprasanna said that in the...

Single Grave Act Can Constitute 'Cruelty' Under S. 498A IPC, Series Of Acts Not Necessary: Kerala High Court

The Kerala High Court recently held that a single grave act of cruelty can constitute the offence under Section 498A IPC and that a series of acts are not necessary. [2026 LiveLaw (Ker) 497]Justice Jobin Sebastian observed:“not every instance of harassment, disagreement, or ill-treatment between spouses would, by itself, constitute “cruelty” within the meaning of Section 498A of...

Kerala High Court Grants Pre-Arrest Bail To 17 SFI Activists Booked For Assaulting University VC Ciza Thomas

The Kerala High Court on Friday (September 11) granted anticipatory bail to 17 SFI activists and students of Sree Sankaracharya University of Sanskrit, Kalady for allegedly restraining and assaulting their Vice-Chancellor Dr. Ciza Thomas during a campus protest. [2026 LiveLive (Ker) 496]A detailed order is awaited.Dr. Justice Kauser Edappagath passed the order granting bail to the students,...

Loud Shouting Between Two Persons On Street Doesn't Make Out Cognizable Offence: Bombay High Court Quashes FIR

The Bombay High Court has held that merely shouting loudly at each other on a public street, without any other specific allegation, does not make out a cognizable offence under Section 85(1) of the Maharashtra Prohibition Act, 1949. The Court observed that apart from the allegation that the accused were shouting at each other loudly, there was no allegation of obscenity, depravity or...

Karnataka High Court Upholds FIR Against Ex-SP Accused Of Hurling Paperweight At Subordinate For Missing Sports Activities

The Karnataka High Court has recently refused to quash an FIR against former Superintendent of Police of Chikkamagalur district [accused no.1] accused of hurling a paperweight at a subordinate officer during over being allegedly absent from sports activities. [2026 LiveLaw (Kar) 348]However, the single judge bench of Justice Ravi V Hosmani has quashed the FIR against the former Inspector...

S.262(1) BNSS | Not Mandatory To Wait 60 Days For Framing Charge But 'Reasonable Interval' Be Given For Seeking Discharge: Orissa High Court

The Orissa High Court has ruled that the sixty-days period provided to accused for filing discharge application under Section 262(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is not a rigid or non-negotiable “moratorium” and that trial court may proceed to frame charge after allowing a “reasonable interval” to elapse after supply of police papers to accused under Section 230 of...

'No Person Can Practise As Advocate Without Enrolment': Rajasthan High Court Imposes ₹50,000 Costs On 'Fake Lawyer'

The Rajasthan High Court has imposed a cost of Rs. 50,000/- on a man accused under Section 319(2) BNS, for representing himself to be an advocate without enrolment with the Bar Council and making appearances before the trial court. Section 319(2) prescribed punishment for the offence of cheating by personation. The bench of Justice Ravi Chirania opined,"No person can be permitted to practise...

Departmental Exoneration No Ground For Discharge: Kerala High Court Permits Trial In 2013 Gold Smuggling Case Against Customs Official

The Kerala High Court on Tuesday (September 8) upheld the order of the Additional Special Court (SPE/CBI) – II, Ernakulam dismissing the discharge plea filed by three of the accused in the 2013 gold smuggling case. [2026 LiveLaw (Ker) 493]The case relates to the smuggling of around 56 kg of gold worth Rs. 17.86 crores through Cochin International Airport, causing a loss of Rs. 1.83...

Unemployment, Poor Business, Loan Repayments Can't Justify Failure To Pay Wife's Maintenance: HP High Court

The Himachal Pradesh High Court has held that a husband's financial constraints, lack of employment, poor business performance or outstanding loans cannot be used as an escape route to avoid his obligation to pay maintenance to his wife, including a divorced wife. The Court observed that the wife's right to maintenance cannot be sacrificed on account of financial difficulties arising from...

Magistrate Can Reject Police Final Report And Summon Accused If Case Diary Discloses Prima Facie Offence: Allahabad High Court

The Allahabad High Court has held that a Magistrate may take cognizance of an offence under Section 190(1)(b) of the Code of Criminal Procedure and summon the accused even where the police have filed a final report concluding that no case is made out, and that in doing so he is not required to follow the procedure prescribed under Sections 200 and 202 of the Code. It held that at that stage...

Convicts Must Be Informed Reasons For Rejection Of Remission, Right To Challenge Order: Gauhati High Court

The Gauhati High Court on Wednesday (September 2) directed the States of Assam, Nagaland, Mizoram and Arunachal Pradesh to file affidavits stating the number of convicts whose remission applications have been rejected and whether the reasons for such rejection have been communicated to them. A Division Bench comprising Justice Michael Zothankhuma and Justice Anjan Moni Kalita was hearing a...