Dismissal Of Complaint Before Cognisance Is Not Acquittal, Can Be Challenged Under Section 528 BNSS: J&K&L High Court:

The High Court of Jammu & Kashmir and Ladakh has clarified the distinction between pre-cognizance dismissal of a criminal complaint and dismissal after issuance of process, holding that only the latter attracts Section 279 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and results in an acquittal appealable under Section 419(4).The court went on to explain that where a complaint...

Writ Of Mandamus Can't Be Issued For Non-Registration Of Criminal Case, BNSS Provides Efficacious Remedy: Allahabad High Court

The Allahabad High Court has held that a writ of mandamus cannot be issued in favour of a petitioner who is unable to show a legal right in himself and a corresponding public duty cast by law upon the authority. It held that where the grievance is in substance one of non-registration of a criminal case, the petitioner has an efficacious statutory remedy under Chapter XIII of the Bharatiya...

Telangana High Court Upholds Bail Cancellation After POCSO Accused Refuses DNA Test, Says It Amounts To Non-Cooperation

The Telangana High Court has upheld the cancellation of bail granted to an accused in a POCSO case after he refused to undergo a DNA test, holding that DNA profiling is a recognised investigative tool in sexual offence cases under Section 51 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).[2026 LiveLaw (Tel) 113]The Court held that an accused cannot refuse such examination by invoking...

Admission Of Issuing Cheque Alone Can't Be Treated As Plea Of Guilt In S.138 NI Act Case: J&K&L High Court

Delineating the limits of summary criminal procedure, the High Court of Jammu & Kashmir and Ladakh has held that a defence disclosed by an accused while recording his plea under Section 251 of the Code of Criminal Procedure cannot be converted into a plea of guilt merely because the accused admits issuing the cheque or expresses willingness to settle accounts.The Court ruled that unless...

'Wrong Statement' In Pleadings Not Necessarily A 'False Statement' : Supreme Court Quashes Perjury Case

The Supreme Court on Tuesday (July 21) set aside the perjury proceedings against a litigant and his counsel for allegedly making 'typographical errors' in a memorandum of an appeal, noting that every instance of wrong statements cannot be treated as a 'false statement' unless a deliberate falsehood is shown. A bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar set aside the Bombay...

Failure To Communicate Grounds Of Arrest To Uneducated Accused In Understandable Manner Vitiates Arrest: Tripura High Court Grants Bail

The Tripura High Court has granted bail to an accused booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after holding that the prosecution failed to establish that the grounds of arrest were effectively communicated to him in a language he understood. The Court Noted that the investigating officer had described the accused as "uneducated" and admitted that he did not...

'74 Unnatural Deaths, Bodies Buried Without Following Procedure': Karnataka High Court Told In PIL To Inspect Dharmasthala 'Mass Burial' Sites

The mother of the girl who was allegedly raped and murdered in the temple town of Dharmasthala, told the Karnataka High Court on Tuesday (July 21) that there was 'a deeply disturbing pattern of unnatural deaths and disappearances' in and around the region.A Division Bench of the Chief Justice and Justice K.S. Hemalekha was hearing the PIL filed by the mother seeking a relief that the burial...

Family Courts Can't Accept Examination-In-Chief Evidence Via Affidavit In Maintenance Case, Violates S.126(2) CrPC Mandate: AP High Court

The Andhra Pradesh High Court held that Family Courts cannot examination-in-chief evidence in the form of affidavit in maintenance proceedings under Section 125 CrPC (Section 144 BNSS), as such procedure is contrary to mandatory requirement under S.126(2) CrPC which requires presence of person from whom maintenance is sought. [2026LiveLaw (AP) 141]In doing so, the Court set aside a Family...

Order Rejecting Plea To Recall Witness For Cross-Examination Is Interlocutory, Not Revisable: Rajasthan High Court

The Rajasthan High Court has held that an order rejecting an application under Section 311 CrPC seeking recall of a witness for cross-examination is interlocutory in nature and, therefore, cannot be challenged in revision proceedings under Section 397 CrPC. Justice Anoop Kumar Dhand set aside an order of the revisional court which had permitted the accused in a cheque bounce case to...

Uttarakhand High Court Transfers Corruption Trials Against Former Jim Corbett Director & Senior Forest Officials To Special CBI Court

The Uttarakhand High Court has directed the transfer of two vigilance cases against a former Director of the Corbett Tiger Reserve and other senior forest officials to the Special Judge, Anti-Corruption, CBI, Dehradun, holding that the designated CBI Court alone has jurisdiction to try cases investigated by the Central Bureau of Investigation. The Court observed that once the CBI had...

'At Best Deficiency In Service': AP High Court Quashes Cheating FIR Over Supply Of Inferior Quality Oxygen Plant During Covid-19 Pandemic

The Andhra Pradesh High Court quashed cheating FIR against the Chief Executive Officer of a company accused of supplying inferior and substandard quality of oxygen plant during the COVID-19 pandemic, holding that the allegation at best amounts to deficiency in service and would not attract criminal offences. [2026 LiveLaw (AP) 139]Before Justice K. Sreenivasa Reddy was a petition filed by...

Uttarakhand High Court Quashes Maggi Noodles Misbranding Case Against Nestlé, Says Food Analyst's Report Was Legally Unsustainable

The Uttarakhand High Court has quashed criminal proceedings against Nestlé India Limited and other applicants arising out of a Food Analysis Report alleging that “MAGGI 2-Minute Noodles” were “misbranded” and “unsafe” and in contravention of various sections of the Food Safety and Standards Act, 2006. Observing that the prosecution was founded on a Food Analyst's report issued by...