Cases Citing Section 164

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.6504 of 2024 Arising Out of PS. Case No.-290 Year-2023 Thana- BAHERI District- Darbhanga ====================================================== 1.Santosh Kumar Sahu @ Santosh Sahu Son of Bilat Sahu @ Bilat Sah R/o vill - Barmattar, P...

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10910 of 2024 In CRIMINAL MISCELLANEOUS No.45166 of 2023 Arising Out of PS. Case No.-308 Year-2021 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.Shila Devi W/O Arvind Yadav R/O Village-...

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...

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...

under sections 307, 379, 323, 324, 341, 504 and 34 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently. 3. As per the prosecution case, the accused persons including the petitioner herein are said to have come variously armed with lathi, farsa etc. It is st...

despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out. 5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of t...