BNSS/CRPC
S. 457 CrPC | Magistrate Can't Unilaterally Cancel Interim Release Of Seized Property Without Giving Opportunity Of Hearing: Orissa High Court
The Orissa High Court has held that a Magistrate cannot unilaterally cancel/recall his previous order under Section 457 CrPC granting interim release/zima of a seized property in favour of a party, without affording an opportunity of hearing to the zimadar, except in case of violation of conditions of such release. [2026 LiveLaw (Ori) 60]A Bench of Dr. Justice Sanjeeb Kumar Panigrahi was of...
Dowry Deaths : How Supreme Court Has Repeatedly Raised Concerns Over Continuing Dowry Menace
The death of Twisha Sharma in Bhopal, which prompted the Supreme Court to initiate suo motu cognisance of allegations of institutional bias and procedural lapses and a CBI investigation, and the death of Deepika Nagar in Greater Noida amid allegations of dowry harassment have once again brought public attention to the issue of deaths of married women in their matrimonial homes.Even...
Failure To Check Police Brutality Could Make It 'Like Nazi Germany': Patna HC Orders FIR Against SHO For Alleged Custodial Torture
The Patna High Court has directed registration of an FIR against a Station House Officer accused of brutally assaulting a man and allegedly breaking both his legs, holding that referring the victim to the Magistrate under Section 156(3) CrPC at this stage would amount to “further injustice” and warning that unchecked police brutality could make the national police “like one of...
Warning Against Filing Frivolous Petitions Doesn't Make Interlocutory Order Revisable: Orissa High Court
The Orissa High Court has held that the cautionary observation of a Magistrate, while rejecting a plea seeking cancellation of bail, asking parties not to file “frivolous and vexatious petitions in future” is interlocutory in nature, which cannot be challenged in revision under Section 397 of the Code of Criminal Procedure (CrPC). [2026 LiveLaw (Ori) 58]Reversing the findings of the...
'Judicial Orders Not Being Given Importance': Orissa High Court Raps Police Over 8-Month Delay In FIR Registration Despite Magistrate's Order
The Orissa High Court has expressed disappointment over lackadaisical attitude of police resulting in eight-months delay in registration of FIR despite Magisterial order in a case concerning financial exploitation of an elderly woman from the Scheduled Caste community. [2026 LiveLaw (Ori) 57]Dismissing the explanation furnished by the concerned Inspector-In-Charge (IIC), the Bench of...
Can Bail Granted for Bailable Offences Be Cancelled If Graver Non‑bailable Offences Are Later Added: Rajasthan High Court Decides
The Rajasthan High Court has held that benefit of bail granted to an accused under bailable offences cannot continue and stands cancelled on addition of a graver, non-bailable offence. [2026 LiveLaw (Raj) 247]The bench of Justice Anoop Kumar Dhand was hearing a petition challenging order of the SC/ST Special Judge that cancelled the bail granted to the petitioner on account of addition...
High Court Grants Bail To Ex-Finance Director Of Haryana Power Firm In CBI Case Alleging Financial Fraud
The Punjab and Haryana High Court has granted bail to Amit Dewan, former Director (Finance) of Haryana Power Generation Corporation Limited (HPGCL), in connection with two CBI cases involving an alleged large-scale financial fraud concerning diversion of public funds. [2026 LiveLaw (PH) 198]The Court allowed two connected petitions, noting that prolonged pre-trial incarceration cannot...
Claiming Influence Over Judges To Extract Money Erodes Public Faith In Justice System: P&H High Court Denies Bail
The Punjab and Haryana High Court has refused regular bail to a man accused of participating in a fraud scheme wherein large sums of money were allegedly extracted from a litigant on the false pretext of securing favourable court orders through influence with High Court judges.[2026 LiveLaw (PH) 197]Justice Vinod S. Bhardwaj said, "This Court is also unable to ignore the specific...
'Accused Not Named In FIR, Remand Report Or Chargesheet': Telangana HC Probe Into Alleged Illegal Detention By Police
The Telangana High Court has directed the Director General of Police to register a crime/FIR and entrust investigation to a Special Investigation Team (SIT) or CB-CID on a petition alleging illegal detention, coercion and abuse of authority by police officials. [2026 LiveLaw (Tel) 83]A Single Judge Bench of Justice N. Tukaramji observed:“This inconsistency raises serious concerns regarding...
FIR Number Allegedly Prepared Before FIR Registration Raises Material Doubt About Recovery: Uttarakhand HC Grants Bail In NDPS Case
The Uttarakhand High Court has granted bail to two accused booked under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, holding that the appearance of the FIR number on the inventory report and arrest memo, which according to the prosecution had been prepared before registration of the FIR, constituted a material procedural infirmity that prima facie cast doubt on...
S. 173(8) CrPC | Magistrate Can Direct Further Investigation Even Without Prayer From Investigating Agency/ Complainant: Orissa High Court
The Orissa High Court has held that a Magistrate or a Special Judge is empowered to direct further investigation under Section 173(8) of the Code of Criminal Procedure (CrPC), even without any formal prayer from investigating agency or complainant, in a case where the investigating agency has submitted a final form due to lack of evidence.Clarifying the position of law vis-à-vis power of...