Cases Citing Section 258A

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: 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....

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...

Mr. Ajay Mukherjee, learned counsel appearing on behalf of the petitioners and Mr. Pramod Kumar Pandey, learned APP appearing on behalf of the State. 2. The petitioners apprehends their arrest in connection with Katoriya P.S. Case No. 257 of 2020 registered under Sections 341, 323, 307, 504, 506, 3...

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; ...

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.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...

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...