Anticipatory Bail: Must the Sessions Court Be Approached Before the High Court?

The Supreme Court recently reinforced this view in Mohammed Rasal C. & Anr. v. State of Kerala & Anr., noting the consistent practice across most states. The Court clarified that while High Courts can entertain direct applications in special or extra-ordinary circumstances, these reasons must be recorded in writing. This aligns with the five-judge bench decision in Ankit Bharti v. State of UP & Anr., which held that it is for the concerned judge to determine if such special circumstances exist.

SC Can even Quash Rape Charges Based on the Facts

The Supreme Court (SC), in Madhukar & Others v The State of Maharashtra & Another. [ 2025 INSC 819], says the court has power under Section 482 the Code of Criminal Procedure, 1973 (CrPC) to quash criminal proceedings related to even rape, in exceptional circumstances, based on the facts of the case to secure ends of justice.

Passport can be Renewed, Despite the FIR when Cognisance is not Taken

Even though the FIR was registered, the investigation is pending, and cognizance has not been taken, it cannot not be held that any criminal proceeding is pending against a person within the meaning of Section 6(2)(f) of the Passport Act. Therefore, permission of the court where FIR is filed is not necessary for renewal of the passport, says Kerala High Court in Raju Kattakayam v State of Kerala & Another [2025: KER:40962].

A Woman Subjected to Domestic Violence alone Can Seek Remedies under PWDV Act

The Protection of Women against Domestic Violence Act (PWDV Act), particularly its Section 12, makes it very clear that an application for the reliefs provided under Sections 18 to 22 can be made only by an aggrieved person or on her behalf, says the High Court of Kerala in Shynil & Others v State of Kerala & Others [2024:KER:89997].

Prior Sanction Required for Prosecution of Public Servants When Alleged Acts Have Nexus with Official Functions

In G.C. Manjunath v. Seetaram [2025 INSC 439], the Supreme Court held that prior government sanction under Section 197 of the Code of Criminal Procedure (CrPC) is required before prosecuting a public servant, even when the alleged acts exceed official duties, provided such acts are reasonably connected with the discharge of official functions.