...paper. He did not give any direction about the printing and publishing of the paper.”The witness further clarifies that the Chief Editor has no...Editor he was not doing any editing work. The witness has further explained that when he became the Chief Editor he was also an M.P and so he did not get any time for doing the editorial work. The witness...that the appellant was the Chief Editor and received a copy of Chandrika every day particularly when the appellant has explained that he was too busy and did not find time to read the paper fully. As...

...book. If a prisoner has to execute a power of attorney in favour of another, it has to be done in the presence of the prison officials as required by the prison rules; the prison records do not bear...occasion when the petitioners' magazine published, on 16-8-1991, an investigative report of tapping of telephones of opposition leaders by the State Government, the then editor and publisher were arrested...dismissed as not maintainable under a considered order, the petitioners could not have approached this Court under Article 32 of the Constitution. The petitioners, however, did disclose the above fact...

...in question was responsible for the general policy of that daily and as the complaint did not contain any positive averments as to the knowledge of the Chief Editor about the objectionable character...in view of Section 7 of the Press and Registration of Books Act, 1867 (hereinafter referred to as “the Act”), they are not liable to be prosecuted and that the Editor of the newspaper whose name is...the said person is not the editor of the newspaper, the Magistrate may issue a certificate to the effect that Section 7 will not apply to him.14. A conjoint reading of...

...that order by filing criminal revision before the Sessions Court. This was, however, dismissed by the Court of Session on 26-2-2010.9. As A-1 did not appear before the trial...person who is shown to have certain status as a printer and/or publisher to be regarded as a printer and/or editor or publisher. This is a rebuttable presumption and, in any case, it does not involve...any automatic criminal liability. In fact the courts have been meticulous and have even regarded that a title like Chief Editor or Executive Editor would not make that person liable as an editor. It is...

...Bansal received the summons and appeared but as he did not divulge relevant information, the Investigating Officer arrested him at 10.30 pm on 14.06.2023...arrest should be 'served' on the arrestee, but did not elaborate on that issue. Pertinent to note, the grounds of arrest were furnished in writing to the arrested person in that case. Surprisingly...Division Bench further held that, keeping in view the gravity of the allegations against them, their prayer to be released from custody did not deserve acceptance and rejected the same. In consequence, the...

...station Kodur at about 12 mid- night, with the report of the Village Munsif and demanded acknowledgment but the acknowledgment was refused by the respondent, and that the respondent did not mention these...: 1954, he had made good his escape and was again arrested on March 8, 1954, could not be accepted. Holding that the charge 31...itself jurisdiction which it did not possess. The High Court was of the view that the conclusion of the departmental authorities was vitiated, because the Enquiry Officer dealt with the evidences of...

...merely because he did not write to the District Magistrate that he ceased to be the publisher and printer of the paper after his arrest on 31-1-1948. It has been held in Ramaswami v...year.The appellant was the editor, printer and publisher of a Telugu daily newspaper called “Prajasakthi” printed at the Prajasakthi Press, Vijayawada. Under S. 4 of Act.... He continued to be the printer and publisher till he was arrested on 31-1-1948. He has since been in jail and even now is in jail. The article in question is said to have been published in the issue of...

...Singh v. Republic of India Criminal Appeal No. 468 of 2021] dated 06.05.2021 at page 279 (vol. II) where we have taken note of the fact that the prosecution did not seek interrogation of the...and not be arrested in the interregnum period. We accordingly granted protection for a period of eight weeks by order dated 06.05.2021 Criminal Appeal No. 468 of 2021...on 18.08.2021.8. Dasti in addition through standing counsel.9. In the meantime, the petitioner be not arrested but shall continue to attend the...

...prosecutor to oppose the application for release, that there are reasonable grounds to believe that the arrested person is not 19... guilty of the offence and, secondly, that he is not likely to commit any offence while on bail. To meet this requirement, it would be essential for the arrested person to be aware.... It is only if the arrested person has knowledge of these facts that he/she would be in a position to plead and prove before the Special Court that there are grounds to believe that he/she is not...

...of this Court committed by the respondents (1) O.P Gupta, (2) Rising Sun Press, Delhi, through its proprietor and (3) Kanak Book Depot. Respondent 3 — Kanak Book Depot — has not been traced. Respondent...address given in the notice, has stated that her husband had gone out to Poona. She had no knowledge about the return of her husband. She did not inform us about his address at Poona...“pamphlet” for the printed Impeachment Motion was highly condemnable. In para 9.4 he stated that he never offered the book for sale nor did he widely circulate it. Further in para 9.5, he stated that...

...and explained to him in Hindi, that is neither here nor there as he did not sign the document. Non- compliance in this regard would entail release of the arrested person straightaway, as held in V...at 6.10 p.m. on 10thJune 2024, noting that the appellant was arrested after informing him of the grounds of arrest. He submitted that though the High Court may not have recorded a finding...grounds to believe that the arrested person is not guilty of the offence and, secondly, that he is not likely to commit any offence while on bail. To meet this requirement, it would be essential for the...

...Chaudhari also submitted that it did not matter as to whether the accused persons had been arrested and detained in custody by the police or not; the very fact that they voluntarily appeared before the...during an enquiry under the Customs Act did not amount to arrest so as to attract the provisions of Article 22(2) of the Constitution of India and the stand taken that the persons arrested under the...been granted bail on 17-10-1994 without having been arrested. It was, therefore, contended on his behalf that since he had not been actually arrested and the case against him having ended in acquittal...

....” It is well recognized in all systems of law that the right to freedom of speech and expression or freedom of the press means that any person may write or say what he pleases so long as he does not...seditious and what is not is to be found stated very clearly in a book by Stephen, J. who has undoubtedly a greater knowledge of criminal law than any other Judge who sits upon the Bench, and what he...Committee that sedition as defined in the Indian Penal Code did not necessarily imply any intention or tendency to incite disorder. In these circumstances, it is not surprising that they decided not to...

...an opportunity of hearing has not been given to the petitioner in spite of direction dated 21-8-2019 2019 SCC OnLine SC...1197 2019 SCC OnLine SC 1196 for early hearing. It is stated that subsequently, the petitioner has been arrested on 21-8-2019. Since the petitioner has been ...

..., however, directed that in case the Customs Authorities find that any non-bailable offence has been committed by the respondents, they shall not be arrested without ten days' prior notice..., 2006, so as to enable the Department to investigate the case. The respondents, however, did not join the investigation and there was total non-cooperation by them.Criminal...offence against the petitioner-accused, they shall not be arrested without ten days' prior notice to them.”(emphasis supplied...

...conditions which the legislature itself did not think it proper or necessary to impose. This is especially true when the statutory provision which falls for consideration is designed to secure a...has reason to believe that “he may be arrested”, which plainly means that he is not yet arrested. The nexus which this distinction bears with the grant or refusal of bail is that in cases falling under...believe” shows that the belief that the applicant may be so arrested must be founded on reasonable grounds. Mere “fear” is not “belief”, for which reason it is not enough for the applicant to show...

...write letters to her in Hindi so that her in-laws, who did not know Hindi, could not know what was being written. In one of her letters, a part of which was addressed to her sister, she wrote...deceased were making no attempts to put off the flames, PW 2 asked appellant 1 to give her something so that she could extinguish the fire. He, however, did not respond. She then requested first.... They, however, produced no defence.6. The learned trial court did not accept the prosecution version and held that there was no motive for the appellant to commit the...

...since 2003, that he did not even know Mr Ratan @ Inao @ N. Ibochouba Singh, that the arrest and seizure was not done on 17-9-2008, but actually on 18-9-2009, and that he has not committed any acts so as...public order, etc. He did not, however, provide any explanation regarding the reason for delay in forwarding the representation. The learned counsel appearing for the Union of India Ms Charu Walikhanna..., when questioned by this Court, also did not shed any further light on this issue.21. To decide the correctness or otherwise of the detention order, two issues of importance...

...Madhu Limaye addressed a petition in the form of a letter to this Court under Article 32 of the Constitution mentioning that he along with his companions had been arrested but had not been communicated...the course of arguments before us why the arrested persons were not told the reasons for their arrest or of the offences for which they had been taken into custody.10...arrested person has a right to be informed not only that he is being arrested but also of the reasons or grounds for the arrest. The House of Lords in Christie v. Leachinsky...