Criminal Law
S. 465 CrPC | Taking Cognizance Under Wrong Provision Curable Defect If Magistrate Otherwise Has Jurisdiction : Supreme Court
The Supreme Court on Wednesday (July 1) held that a Magistrate's error in taking cognizance of an offence under an incorrect statutory provision is a curable defect and, this mistake, by itself, does not warrant quashing the cognizance order, provided the Magistrate otherwise has the jurisdiction to deal with the matter.“The well-settled position of law is that the error in taking...
'No Yellow Journalism': Gujarat High Court's Bail Condition For Man Accused Of Extorting Traders By Posing As Journalist
The Gujarat High Court has granted bail to a man accused of posing as a journalist along with co-accused and extorting money from traders by threatening them of defamation and also assaulting one of the traders who eventually passed away. [2026 LiveLaw (Guj) 184]The relief is subject to the Petitioner not indulging in any activity amounting to "yellow journalism" or publishing any news item...
Remission Policy Issued Under Article 161 Overrides Statutory Policy Framed Under CrPC: Supreme Court
The Supreme Court on Wednesday (July 1) held that a remission policy framed by a State Government in exercise of the Governor's constitutional powers under Article 161 of the Constitution cannot be overridden by a subsequent statutory remission policy issued under Sections 432 and 433 of the Code of Criminal Procedure. Holding that Haryana's 2002 remission policy continued to remain...
Gujarat High Court Grants Bail To Man Accused Of Coordinating Assault On Society Resident Feeding Stray Dogs
The Gujarat High Court has granted bail to a man over his alleged role in assaulting the complainant in connection with an altercation over feeding of stray dogs. [2026 LiveLaw (Guj) 183]Applicant is accused of coordinating an assault on a society resident who had an altercation with another resident over feeding stray dogs. It is alleged that the person with whom complainant had an...
No Fetter On Trial Court's Power To Alter Charges Merely Because Prosecution Moved Application U/S 216 CrPC: Jharkhand High Court
The Jharkhand High Court has held that although neither the prosecution nor the accused has a vested right to seek alteration or addition of charges under Section 216 of the Code of Criminal Procedure, the trial court's power to do so is not curtailed merely because the issue is brought to its notice through an application filed by either party. The Court observed that the power under Section...
Patna High Court Refuses To Quash FIR Against Jan Suraaj Leader Naj Ahmed Khan, Says Allegation Of Mala Fides 'Doesn't Cut Much Ice'
The Patna High Court has held that mere allegations of political rivalry or mala fides cannot be a ground to quash an FIR when its contents disclose commission of cognizable offences. The Court observed that where the allegations in the FIR prima facie disclose the commission of offences, the case would not fall within the principles laid down by the Supreme Court in State of Haryana v....
2016 Yogesh Goudar Murder Case: CBI Tells Karnataka High Court Dharwad Trial Was 'Hogwash', Witnesses Were Tutored By Ex-MLA Vinay Kulkarni
The CBI told the Karnataka High Court on Tuesday that former Congress MLA Vinay Kulkarni, while challenging his conviction and life sentence in 2016 murder of BJP Zilla Panchayat member Yogesh Goudar, cannot rely on evidence placed before the Dharwad trial court as that trial was 'hogwash' in which witnesses were tutored by Kulkarni.The court was hearing criminal appeals filed by former...
Is Arrest Illegal If Person Isn't Supplied Earlier Charge Sheet Filed Against Co-Accused? Bombay High Court Answers
The Bombay High Court recently held that the arrest of a person after the filing of chargesheet against already arrested co-accused is not illegal merely because the arrested person was not provided with a copy of the chargesheet along with the grounds of arrest. [2026 LiveLaw (Bom) 302]Sitting at the Kolhapur seat, the division bench of Justice Vrushali Joshi and Justice Sandesh Patil...
Husband Chatting With Sister-In-Law, Engraving Her Son's Name On His Hand Is Not 'Cruelty' Without Requisite Intent: Bombay High Court
The act of a husband chatting or speaking to his sister-in-law (bhabhi) and engraving her son's name on his own hand cannot be brought under the ambit of section 498A IPC which penalises cruelty towards a spouse, held the Bombay High Court. [2026 LiveLaw (Bom) 301]It quashed a First Information Report (FIR) lodged against a man's sister-in-law, with whom, his wife alleged he had...
'Advocacy Is A Noble Profession': Gujarat High Court Denies Bail To Advocate Accused Of Orchestrating Land Fraud
The Gujarat High Court denied bail to a lawyer for his alleged involvement in forgery, wherein land belonging to the complainant was sold to co-accused without the former's knowledge. [2026 LiveLaw (Guj) 181]In doing so the court observed that it prima facie appeared that the applicant had orchestrated the entire conspiracy by preparing forged document and received the amount of...
Vehicle Cannot Be Confiscated Under Excise Act Before Authority Verifies Excess Quantity Of Seized Liquor Bottles: Chhattisgarh High Court
The Chhattisgarh High Court has held that confiscation of a vehicle under Section 47-A of the Chhattisgarh Excise Act cannot be sustained on the basis of a presumption that all seized bottles contained liquor exceeding the statutory limit. The Court observed that before invoking the power of confiscation, the competent authority must satisfy itself on the basis of reliable evidence that...