Cases Citing Section 140

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; ...

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...

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....

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5021 of 2024 Arising Out of PS. Case No.-5645 Year-2022 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== 1.Gajendra Thakur Son Of Late Devnath Thakur Resident Of Village - Rupolia, Pa...

of the petition. Heard learned counsel for the petitioners and learned APP for the State. The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 504/34 of the Indian Penal Code. Allegation against the petitio...

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...

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5311 of 2019 Arising Out of PS. Case No.-70 Year-2017 Thana- MEHSI District- East Champaran ====================================================== 1.Shahbaj Kuraishi Md. Sharif Quraishi @ Sudhan Quraishi Village – Chaklahi P.S.- Mehs...

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...

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11360 of 2024 Arising Out of PS. Case No.-92 Year-2023 Thana- KOTHI District- Gaya ====================================================== 1.Md. Afaque Ansari @ Afak Ansari @ Bechan Miyan @ Md. Afak Ansari S/O Rafique Ansari R/O Villa...