Cases Citing Section 139

FACTS: Challenged Aadhaar biometrics scheme as violating privacy. Held: Right to Privacy is a fundamental right guaranteed under Articles 14, 19, and 21 of the Constitution of India. Ratio: Privacy is intrinsic to life and personal liberty, subject to proportionality tests for state restrictions....

FACTS: Petition seeking action for police failure to register an FIR for kidnapping. Held: Registration of FIR is mandatory under Section 154 CrPC (now Section 173 BNSS) if the information discloses a cognizable offence. Ratio: No preliminary inquiry is permitted if cognizable offence is disclosed; ...

available. It is apt and proper to refer the judgment rendered by this Court in the case of Parvati Devi @ Parvati Singh Vs. The State of Bihar and Ors., reported in 2024 (1) BLJ 178 held as follows: Patna High Court CWJC No.426 of 2022 dt.26-11-2024 6/8 “5. This Court would also refer ...

counsel appearing on behalf of appellants and learned Spl. Public Prosecutor for the State. 2. This appeal has been filed against the order dated 19.10.2023 passed by learned Special Judge, SC/ST Act, Patna High Court CR. APP (SJ) No.249 of 2024(3) dt.12-09-2024 2/2 Motihari, East Champaran in con...

FACTS: Petitioner's passport was impounded without giving reasons. Held: Article 21 procedure must be 'just, fair, and reasonable', not arbitrary or oppressive. Ratio: Expanded Article 21 scope, introducing substantive due process principles into Indian jurisprudence....

FACTS: Anticipatory bail application in a Section 498A IPC cruelty case. Held: Arrest should not be the default action in offences carrying punishment of less than 7 years. Ratio: Police must comply with Section 41A CrPC (now Section 35 BNSS) notice guidelines before executing arrest....

FACTS: Challenged Kerala Land Reforms Act. 13-judge bench reviewed parliament's power to amend the Constitution. Held: Parliament can amend any part of the Constitution, including Fundamental Rights, but cannot alter or destroy the 'Basic Structure' of the Constitution. Ratio: Basic Structure doctri...

that he got secret information that the accused persons including the petitioner along with unknown accused were active members of Maoist movement are planning to commit extortion, recruitment of new Patna High Court CR. MISC. No.13733 of 2024(4) dt.10-05-2024 2/2 recruits including carrying out d...

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.148 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Munger ====================================================== Mukesh Kumar Mandal @ Mukesh Mandal, Son of Raj Kumar Mandal, Resident of Village- Lal Darwaza, P.S.- Kotwali, ...

have no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail. Having heard learned counsel for the parties and taking into consideration the facts and Patna High Court CR. MISC. No.3899 of 2024(3) dt.21-03-2024 3/3 circumstances of the case as well as...