Cases Citing Section 172

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: 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...

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: 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; ...

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 222-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offence under Section 33(1) / 66 of the Indian Forest (Bihar Amendment 1989) Ac...

the offences under Sections 414 of the Indian Penal Code and Section 8/20 (b) (ii) (B) of the Narcotic Drug & Psychotropic Substances Act, 1985. 3. As per prosecution case, total 6 Kgs. Ganja wrapped in a polythene bag along with a theft motorcycle were recovered from the possession of the petition...

that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The recovery was made Patna High Court CR. MISC. No.5203 of 2024(2) dt.15-02-2024 2/3 from the co-accused, petitioner has no c...

today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Purnea in connection with Sadar (Muffasil) P.S Case No. 640 of 2023, subject to conditions as laid d...

opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this case. 6. Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioner, in the event of his a...

HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 217-02-2024 Heard learned counsel for the petitioners as well as learned APP for the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 342, 323, 379, 504, 506, 34 of the Indian P...