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Stay of Criminal Proceedings in Matrimonial Disputes – BNSS Explained | Apex Law Office LLP: Appellate Lawyers

Matrimonial disputes often carry deep emotional pain. Unfortunately, they also lead to criminal cases such as cruelty, dowry harassment, or breach of trust....
HomeSupreme Court of IndiaAIROnline 2025 SC 594

AIROnline 2025 SC 594


Supreme Court Of India

(From : AIROnline 2024 RAJ 1101)

Hon’ble Judge(s):

Vikram Nath,
Sanjay Karol,
Sandeep Mehta
, JJJ

Criminal P.C. (2 of 1974) , S.439— Constitution of India , Art.136— Punjab and Haryana High Court Rules and Orders (1966) , R.5, Chap.1A(b)— Expunction of adverse remark – Prayer for – Appellant, a Judicial Officer challenged High Court’s strictures passed against him while rejecting a bail application of an accused in a serious criminal case – Appellant had granted bail on principle of parity but mistakenly overlooked the criminal antecedents of accused – High Courts should ordinarily refrain from passing strictures against judicial officers – High Court criticized him without giving him a chance to explain and relied on a precedent case that was later overruled – Observations of High Court were expunged – Recommendations were given to all High Courts to adopt rules requiring disclosure of past criminal cases of accused in bail applications.
AIROnline 2024 RAJ 1101-Reversed

(Para 18
20
21
23)

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