Trial Court Not Bound To Incorporate Questions Suggested By Prosecution Or Accused Under Section 313(5) CrPC: Orissa High Court

The Orissa High Court has held that it is not mandatory, rather discretionary for a trial Court to seek help of prosecution and defence for preparing relevant questions which are to be put to the accused under Section 313(1) of the Code of Criminal Procedure, 1973 (CrPC) for eliciting his explanation to the inculpatory circumstances appearing against him in the evidence. [2026 LiveLaw...

Seashore Chit Fund Scam: Orissa High Court Refuses To Quash Proceedings Against Ex-BJD MLA Pravat Ranjan Biswal

The Orissa High Court has declined to quash the impending criminal prosecution against the Biju Janata Dal's (BJD) former Member of Legislative Assembly (MLA) from the Cuttack-Choudwar constituency Pravat Ranjan Biswal for his alleged links with the Seashore Group of Companies. [2026 LiveLaw (Ori) 75]For context, the Seashore Group of Companies floated a major ponzi scheme which duped...

S. 437(6) CrPC Doesn't Grant Indefeasible Right To Bail: Allahabad High Court Refuses Relief To Man Accused Of Harbouring ISI Agent

Incarcerated since 2015, the accused allegedly harboured a Pakistani ISI agent for 20 months and facilitated the transmission of classified Indian military data to Pakistan. The trial remains pending at the evidence stage, with not a single prosecution witness examined so far.

S. 311 CrPC | Court Can't Refuse To Examine Witness Merely Because He Is A 'Surrendered Maoist': Orissa High Court

The Orissa High Court has held that a trial Court cannot decline to summon a witness, under Section 311 of the Code of Criminal Procedure, 1973 (CrPC), to examine and record his testimony merely on the ground that he has previously been a Maoist. [2026 LiveLaw (Ori) 72]While setting aside the trial Court order denying to summon a surrendered Maoist as a witness, the Bench Dr. Justice...

S. 145 Evidence Act | Allahabad High Court Clarifies Procedure To Contradict Witnesses Using Omissions In S. 161 CrPC Statements

The Allahabad High Court last week clarified the exact procedure under Section 145 of the Indian Evidence Act, read with Section 162 of the CrPC, which needs to be adopted for contradicting a witness during a trial based on omissions in his previous statement made to the police u/s 161 of the CrPC. A bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi held that a...

Orissa High Court Refuses To Quash FIR Against Doctor Accused Of Helping Husband Cheat Women Through Sham Marriages

The Orissa High Court has recently denied to quash criminal case against a doctor-wife accused of being an accomplice to her husband in inducing multiple women to illegally enter into marriage with the latter in order to exploit them financially.Noting that a charge-sheet has already been submitted in the case, the Bench of Dr. Justice Sanjeeb Kumar Panigrahi was not inclined to grant any...

Allahabad High Court Seeks Explanation From Family Court Judge For Granting Maintenance To Wife Despite Remarriage

The Allahabad High Court, on Tuesday, sought explanation from Additional Principal Judge, Family Court, Jhansi as to why maintenance was granted to a wife from her first husband, when the wife had disclosed about her remarriage after divorce.It is the revisionist's case that the parties were granted a divorce decree on 30.07.2025 by the Additional Principal Judge, Family Court, Jhansi. It...

S.31 CrPC/ S.25 BNSS | Court Can't Order Consecutive Sentences For Offences Committed In 'Single Transaction': Orissa High Court

The Orissa High Court has held that a Court, while convicting and imposing punishment on an accused for commission of more than one offence, cannot order respective sentences to run consecutively if the offences are committed in a 'single transaction'.Reiterating the Apex Court ruling in O.M. Cherian alias Thankachan v. State of Kerala & Ors. (2014), the Bench of Justice V. Narasingh...

'Police Can't Be Doctoring': Karnataka High Court Slams State Over Notices To Women Hospital Staff In Unnatural Death Case, Stays Probe

The Karnataka High Court on Tuesday [ July 7] strongly reprimand the police for allegedly overstepping their authority while investigation into the death of a patient at Cloudnine Hospital, and stayed all proceedings against the hospital and its staff.The single judge bench of Justice M. Nagaprasanna, while hearing a petition filed by Dr. Vinuta B. and M/s. Kids Clinic India Limited...

Threat To Witness Not Grounds For Transferring Trial, Witness Protection Act Applicable: Uttarakhand High Court

The Uttarakhand High Court has held that allegations of threats to witnesses, by themselves, do not justify the transfer of a criminal trial when the Uttarakhand Witness Protection Act, 2020, provides a statutory mechanism for securing protection to witnesses. The Court observed that where such protection is available and can be invoked, transfer of the trial is unwarranted.Justice Siddhartha...

Jharkhand High Court Quashes Criminal Proceedings Against Hemant Soren Over 2014 Poll Speech

The Jharkhand High Court has quashed criminal proceedings against Chief Minister Hemant Soren arising out of his 2014 election campaign speech, holding that his remarks regarding the proposed amendment of the Chotanagpur Tenancy (CNT) Act, Santhal Parganas Tenancy (SPT) Act and labour laws did not constitute an offence under Section 125 of the Representation of the People Act, 1951. A...

S.313 CrPC | Viscera Report Not Put To Accused Cannot Be Relied Upon: Allahabad High Court Sets Aside 1989 Murder Conviction

The Allahabad High Court has categorically ruled that a viscera report cannot be relied upon to secure a conviction if the report was never specifically put before the accused during their examination under Section 313 CrPC. A Bench of Justice Siddhartha Varma and Justice Jai Krishna Upadhyay clarified that merely questioning an accused with regard to poison being administered to...