Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Civil dispute and criminal process - Mere existence of a civil remedy does not by itself bar criminal proceedings where allegations prima facie disclose commission of a cognizable offence - Quashing order directing investigation on the ground that dispute appeared to be civil in nature..........
Criminal Procedure Code, 1973, Section 482, 156(3), Constitution of India, 1950, Article 226 -- Quashing at threshold - High Court while exercising its inherent jurisdiction must remain circumspect in interfering with an order u/s 156(3) Cr.P.C. and ought to intervene only where it is evident that order lacks any legal foundation, suffers from perversity or that the same..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, 48, Constitution of India, 1950, Article 22, 21 -- Intimation of arrest - Requirement of informing person arrested of grounds of arrest is not a formality but a mandatory statutory and constitutional requirement - Non-compliance with Art.22(1) of Constitution will be a violation of fundamental right of accused..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Declaration of public holiday - Expansion of list of gazetted holidays is a matter of administrative calibration and any indiscriminate addition would adversely impact governance and public productivity - Jurisdiction u/art 32 of Constitution is meant for enforcement of fundamental rights and cannot be expanded..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Intimation of arrest - Requirement of informing a person of grounds for arrest is a mandatory requirement of Art.22(1) of Constitution and S.47 BNSS and absence of same would render arrest illegal...........
Criminal Procedure Code, 1973, Section 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.528), Constitution of India, 1950, Art.226 - Quashing of proceedings - Once a petition u/art 226 of Constitution of India or S.482 Cr.P.C. or S.528 BNSS is preferred, same should be decided on merits rather than dismissing the same as infructuous or by directing Police to follow..........
Constitution of India, 1950, Article 226 -- Writ petition - Once High Court, upon application of mind, declines to entertain a writ petition in exercise of its discretionary jurisdiction on the ground that an efficacious alternative remedy for grant of relief is available but such remedy has not been pursued by petitioner, proceedings do not survive and must draw to an end..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest must be communicated to accused in writing - Law as to: (i) Constitutional mandate of informing arrestee grounds of arrest is mandatory in all offences under all statutes including offences under IPC/BNS; (ii) grounds of arrest must be communicated in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest not communicated to relatives of accused in writing - Relative of applicant was asked over phone to appear before arresting officer - However, he expressed his unwillingness to appear - Accordingly, grounds of arrest were intimated to him through a WhatsApp..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Bail - Successive FIRs - These continued acts and conduct of prosecution was to consciously ensure that petitioner is kept in continued custody - Petitioner entitled to be released on bail in successive FIRs...........
