BNSS/CRPC
ED Search, Freezing Action Not Purely Civil, Can Be Challenged Under Article 226 Read With S.482 CrPC: Karnataka High Court In Gameskraft's Case
The Karnataka High Court on Wednesday (August 5) held that a writ petition under Article 226 of the Constitution read with Section 482 CrPC, challenging Enforcement Directorate's search and freezing action under Section 17(1A) of the Prevention of Money Laundering Act (PMLA) is maintainable. [2026 LiveLaw (Kar) 283]The single judge bench of Justice M Nagaprasanna thus rejected ED's...
Police Cannot Interfere In Civil Property Disputes: Allahabad High Court Warns Deviations May Invite Departmental & Contempt Proceedings
The Allahabad High Court has reiterated that police authorities and Executive officers have no jurisdiction to adjudicate or interfere in civil disputes between private parties, while clarifying that any deviation may invite departmental as well as contempt proceedings.In its order passed on July 27, the Court emphasized that police can intervene only to the limited extent necessary...
Trustee Can Face Cheque Bounce Case Even If Trust Isn't Made Accused: Orissa High Court
The Orissa High Court has reiterated that arraigning and issuing demand notice to the concerned trustee, who issued a cheque on behalf of the trust, is sufficient and the trust need not be impleaded as an accused in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881 (the 'NI Act'). [2026 LiveLaw (Ori) 90]Negating a plea brought under Section 482 of the CrPC...
ED Officials Attack: Kerala High Court Grants Bail To Six More Accused
The Kerala High Court on Tuesday (August 4) granted regular bail to four CPI(M) workers, who were arrested for being allegedly involved in the attack against officials of the Enforcement Directorate (ED). [2026 LiveLaw (Ker) 424]The case refers to the alleged attack on ED officials and damage to vehicles following an ED search operation at the residence of Opposition Leader Of Kerala,...
Kerala High Court Asks Magistrate To Proceed With Complaint Against 5 Cops Accused Of Assaulting Army Personnel, Defers Sanction Issue
The Kerala High Court recently directed the Magistrate Court, Chittoor to proceed against five policemen, who allegedly beat up Indian Army sepoy, during Kollemgode Temple 'Aaraattu' festival in 2019. [2026 LiveLaw (Ker) 426]Justice G. Girish directed that the question of requirement of sanction can be considered at a later stage, after the completion of evidence.The Court was considering...
'Helpless Girl' Allegedly Murdered By Own Family: Allahabad High Court Denies Anticipatory Bail To Aunt, Uncle In 'Honour Killing' Case
The Allahabad High Court last week refused anticipatory bail to the aunt (bua) and uncle (fufa) of a woman allegedly murdered in an 'honour killing' in Agra, observing that the case involved serious allegations and that the applicants' custodial interrogation was necessary to unearth the truth.The Court also noted that the applicants had allegedly remained absconding for the past 7 months...
S.397(2) CrPC | Order Refusing Additional Evidence At Appellate Stage Is Interlocutory, Revision Not Maintainable: AP High Court
The Andhra Pradesh High Court has held that a criminal revision petition is not maintainable against an interlocutory order rejecting an application to adduce additional evidence at the appellate stage. [2026 LiveLaw (AP) 170]The Court clarified that such an order does not determine the substantive rights of the parties and is therefore barred from revision under Section 397(2) of the Code...
Can CBI Re-Arrest Accused Granted Bail On Technical Grounds Without First Obtaining Bail Cancellation Order? Gauhati High Court Answers
The Gauhati High Court has held that an investigating agency can re-arrest an accused who was granted bail on procedural technicalities rather than on merits, without first obtaining an order cancelling the bail.Justice Sanjeev Kumar Sharma dismissed a criminal petition challenging a Special Judge's order issuing a production warrant and permitting the Central Bureau of Investigation (CBI)...
S. 451/457 CrPC | Decision On Interim Release Not Based On Title, Court Only Sees Who Entitled To Possession : Supreme Court
The Supreme Court has clarified that the power of the courts to order an interim release of a seized material under the Cr.P.C / BNSS is not an adjudication of ownership, but a prima facie assessment of who is best entitled to possession.“The exercise of this power requires the Court to make only a prima facie assessment of who is best entitled to possession, having regard to the nature of...
Witness Testimony Recorded Without S.299 CrPC Order Can't Be Later Used Against Accused Who Absconded : Supreme Court
The Supreme Court on Friday (July 31) observed that evidence recorded in a trial against one accused cannot be used against an absconding accused in a subsequent trial unless an order under Section 299 Cr.P.C. / Section 335 BNSS was passed establishing the two jurisdictional facts, i.e., the accused was absconding and that there was no immediate prospect of arresting him. A bench...
