Criminal Law
Writing 'Allowed' On Margin Of Delay Condonation Plea Without Reasons Is Not A Valid Judicial Order: Patna High Court
The Patna High Court has held that merely writing “Allowed” on the margin of an application seeking condonation of delay, without recording any reasons or drawing an order-sheet, cannot be treated as a valid judicial order. The Court consequently quashed the cognisance order and all consequential proceedings in a cheque dishonour complaint filed after a delay of 118 days.A Single Judge...
ECIR Can Be Challenged Under Article 226, ED Can't Take Shelter Behind 'Internal Document' Label: Karnataka High Court
The Karnataka High Court on Wednesday (August 5) held that an Enforcement Case Information Report (ECIR) can be challenged under Article 226 of the Constitution and that the Enforcement Directorate (ED) cannot place it beyond judicial scrutiny by merely describing it as an "internal administrative document". [2026 LiveLaw (Kar) 284]“….The constitutional jurisdiction under Article 226...
Chhattisgarh High Court Refuses Bail To Husband Accused Of Driving Pregnant Wife To Suicide Over Dowry Demand
The Chhattisgarh High Court has refused to grant regular bail to a husband accused of continuously subjecting his wife to physical and mental cruelty on account of dowry demand, leading to her suicide. The Court observed that at the stage of considering a bail application, issues such as delay in registration of the FIR and alleged inconsistencies in the witnesses' statements are matters...
Chhattisgarh High Court Refuses To Quash FIR Against Self-Styled Godman Accused Of Inducing Doctor To Pay ₹25 Lakh For 'Divine Rituals'
The Chhattisgarh High Court has refused to quash an FIR against a person claiming to be a spiritual practitioner who was accused of inducing the complainant to give over ₹25 lakh by representing that he possessed divine and spiritual powers capable of resolving the complainant's family difficulties through religious rituals. The Court further observed that its inherent jurisdiction cannot...
'No Sexual Intent': Bombay High Court Drops POCSO Charge Against Youth Booked For Slapping, Abusing Minor In Filthy Language
The Bombay High Court recently dropped the sexual harassment charge under stringent Protection Of Children from Sexual Offences (POCSO) Act against a 25-year-old boy, who was booked for allegedly slapping and abusing a minor girl in filthy language.Single-judge Justice Shivkumar Dige noted that the incident took place in 2020, when the applicant - Prasad Bade was 19 year old and the victim...
ED Search, Freezing Action Not Purely Civil, Can Be Challenged Under Article 226 Read With S.482 CrPC: Karnataka High Court In Gameskraft's Case
The Karnataka High Court on Wednesday (August 5) held that a writ petition under Article 226 of the Constitution read with Section 482 CrPC, challenging Enforcement Directorate's search and freezing action under Section 17(1A) of the Prevention of Money Laundering Act (PMLA) is maintainable. [2026 LiveLaw (Kar) 283]The single judge bench of Justice M Nagaprasanna thus rejected ED's...
Cheque Dishonour | Defence That Complainant Lacks Financial Capacity Ought To Be Raised In Accused's Reply Notice : Supreme Court
The Supreme Court has held that the initial burden of raising a defence that the complainant lacked the financial capacity to advance a loan rests on the accused and must ordinarily be taken in the reply to the statutory demand notice issued under Section 138 of the Negotiable Instruments Act. If no such plea is raised at that stage, the complainant cannot later be expected to lead...
Cheque Bounce: Karnataka High Court Refuses Fresh Trial Of Convict Who Skipped Cross-Examination 12 Times, Imposes ₹1 Lakh Costs
The Karnataka High Court has refused to remand a cheque bounce case under Section 138 Negotiable Instruments Act (NI Act) after finding that the convict had repeatedly failed to cross-examine the complainant and lead any defence evidence, holding that the case was a “classic example of abuse of process.” [2026 LiveLaw (Kar) 282]Justice HP Sandesh was hearing a revision petition...
Police Cannot Interfere In Civil Property Disputes: Allahabad High Court Warns Deviations May Invite Departmental & Contempt Proceedings
The Allahabad High Court has reiterated that police authorities and Executive officers have no jurisdiction to adjudicate or interfere in civil disputes between private parties, while clarifying that any deviation may invite departmental as well as contempt proceedings.In its order passed on July 27, the Court emphasized that police can intervene only to the limited extent necessary...
Rajasthan High Court Grants First Parole To Asaram After Over 13 Years In Jail, Says State's Objections 'Figments Of Imagination'
Rajasthan High Court granted Asaram 20-day parole–following an order upholding his conviction for raping a minor, in light of his age as well as the fact that he had spent more than 13 years in incarceration.The division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit rejected the grounds on which the parole application was rejected by the concerned...
'Abuse Of Process': Rajasthan High Court Quashes FIR Alleging Husband Used Drugs, Black Magic To Solemnise Marriage
The Rajasthan High Court recently quashed an FIR lodged by a woman against her husband alleging that he had used drugs, medicines and black magic to induce her into marrying him and had thereafter raped her, holding that the criminal proceedings amounted to an abuse of the process of law.The bench of Justice Anoop Kumar Dhand highlighted that the FIR was lodged 4 years after marriage, and 1...