Bombay High Court holds that dismissal of maintenance petition for non-service of summons cannot override prima facie evidence of marriage, especially when petitioner seeks restoration same day.
Andhra Pradesh High Court holds that police must follow Section 41A CrPC procedures before arrest for offences punishable by up to five years, reinforcing *Arnesh Kumar* guidelines to prevent arbitrary detention.
Bombay High Court holds that discharge under Section 227 CrPC is valid if prosecution evidence is insufficient, even if accused's documents were considered. Key precedent on burden at discharge stage.
Bombay High Court holds that discharge under Section 227 CrPC requires only prima facie material, not in-depth evidence analysis. Key takeaways for criminal practitioners.
Bombay High Court holds that a wife may pursue maintenance under both Section 125 CrPC and the DV Act simultaneously, provided prior proceedings are disclosed.
Karnataka High Court holds that Public Prosecutor's certificate under Section 308 CrPC does not automatically revoke pardon; court must assess prima facie violation after hearing approver.
Madhya Pradesh High Court clarifies that Section 91 CrPC applications for document production can only be invoked at the defence stage, not during prosecution evidence.
Chhattisgarh High Court holds that maintenance under Section 125 CrPC requires proof of reasonable cause for separation; vague allegations insufficient to sustain claim.
Madhya Pradesh High Court holds that Section 300 CrPC does not bar prosecution for criminal breach of trust when prior case involved forgery; distinct ingredients prevent double jeopardy.
Madhya Pradesh High Court clarifies that Section 319 CrPC requires strong, cogent evidence beyond prima facie to add an accused not named in FIR or charge sheet.
Madhya Pradesh High Court clarifies that courts cannot direct police to arrest or investigate in specific ways under Section 482 CrPC; discretion lies solely with investigating agencies.
Madhya Pradesh High Court grants anticipatory bail in matrimonial dispute disguised as robbery case, emphasizing delay in FIR and non-necessity of custodial interrogation under Section 438 CrPC.
Kerala High Court dismisses writ petition seeking FIR registration in family dispute over degree certificate, reaffirming that CrPC remedies must be exhausted first.
Punjab and Haryana High Court holds that inherent powers under Section 482 CrPC allow quashing of FIRs in non-compoundable offences upon verified compromise, reinforcing judicial discretion for social harmony.
Chhattisgarh High Court holds that maintenance enhancement under Section 127 CrPC requires concrete evidence of changed circumstances, not mere presumptions about cost of living or earning capacity.