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The case was pending before the Magistrate for almost 10 years, but during that entire period, the petitioner did not make any effort to examine the allottee as a witness. This clearly showed lack of due diligence by the petitioner during the trial before the Magistrate.
“The prosecution had examined only 27 witnesses by 11-8-2025 out of 170 witnesses cited by it. Thus, the possibility of concluding of the trial in the near future appeared remote while the accused had already served more than a decade in prison.”
“With anguish and pain, this Court observes here that the learned Magistrate as well as learned Additional District & Sessions Judge failed to exercise their discretion in right perspective and in a very casual manner, decided the bail applications, placed before them.”
Witness Protection Scheme is a remedial and curative measure, designed to neutralise the effects of threats once they have materialised. Bail cancellation, on the other hand, is a preventive and supervisory function of the criminal court, whose duty is to ensure that the trial proceeds unpolluted by intimidation.
The Court observed that issuance of summons to produce a document against a person asking him to produce a document does not ipso facto makes the said person as a witness however, it would be highly unjust if the word ‘person’ used in Section 91 of the Code of Criminal Procedure is presumed to include an accused.
It remains undisputed on record that the complaint filed by Respondent 2 has disclosed commission of non-cognizable offence by the TV Today Network.
The Court reiterated that social media is misused by certain people in the garb of “Freedom of Speech and Expression” by posting such material that creates hatred and disharmony among the people, such actions are detrimental to national unity and public order.
2025 SCC Vol. 5 Part 4: Explore the latest Supreme Court Cases on the Cooperative Societies, Motor Vehicles Act, Service Tax, CrPC, Contract, Constitution, Human and Civil Rights, and Public Premises Act.
“As far as the present case is concerned, the interim order passed by the Magistrate cannot be said to be gross illegality or irregularity. The petitioner could very well approach the same court seeking order, modifying or vacating the aforesaid order if there are sufficient reasons. That apart, appeal is provided under Section 29 of the PWDV Act against the aforesaid order”
by Ankit Pathak*
by Gautam Khazanchi* and Vinayak Chawla**
by Asangha Rai*
Rather than exercising its jurisdiction, P.S. Adarsh Nagar proceeded to register a Zero FIR and transferred the matter to the police in Noida. Such action indicates a failure on part of the police authorities concerned to adhere to their statutory responsibility under Section 1541 of the CrPC.
“Considering the age of the convict at the time of the commission of the offence and the nature of the offence made out from the materials on record, a lenient view can be taken. The interest of justice can be met by adequately compensating the victim.”
The issue is that the demise of appellants (‘convicts’) have rendered the power of attorney legally inoperative and invalid. As a fundamental principle of law, only a living person possesses the capacity to confer authority upon another to act on their behalf.
“If the age of wife is not below the age of 15 years then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance, therefore, the offence under Section 376 and 377 of the IPC against the accused was not made out.”
Sufficient time must be given to an arrestee after the grounds of arrest have been served upon him in writing, to enable the arrestee to engage and confer with legal counsel, the test being that the arrestee must have meaningful opportunity to resist his remand to police custody or judicial custody.
A quick legal roundup to cover important stories from all High Courts this week.