Topic
The Gujarat HC held that post-warranty defects cannot ground criminal cheating or breach of trust charges, quashing the FIR as an abuse of process under Sec 482 CrPC to shield businesses from mala fide complaints in civil disputes.
Bombay HC rules that continued incarceration after charge-sheet filing in non-bailable offences violates personal liberty unless flight risk or witness tampering is proven. The judgment underscores that prolonged pre-trial detention without trial commencement is punitive, setting a precedent for bail in financial fraud cases with no criminal antecedents.
Allahabad HC sets aside non-bailable warrants issued without prior summons in IPC 406/420 cases, reinforcing that coercive action must follow procedural fairness. The ruling mandates notice before warrant issuance, protecting accused rights under CrPC and Article 21. Trial courts must now ensure compliance with this due process safeguard.