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    Friday, August 7

    Allahabad High Court

    Allahabad High Court Upholds Dignity of Elderly Parents: Cruelty and Neglect by Children is a Violation of Article 21

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    The Allahabad High Court held that neglect or abuse of elderly parents amounts to a violation of their Article 21 right to live with dignity. In a case involving a land compensation dispute, an elderly father alleged mental and physical abuse by his sons after receiving compensation. The sons later apologized. The Court, noting the father’s ownership, ordered the full release of funds to him and warned the sons against future interference. Citing the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Bench condemned elder abuse as both a moral failure and a constitutional breach.

    Supreme Court: High Courts Cannot Direct Police To Follow Section 41A CrPC After Refusing To Quash FIR

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    In Practical Solutions Inc. v. State of Telangana, the Supreme Court held that when a High Court refuses to quash an FIR, it cannot indirectly protect the accused from arrest by directing the police to follow procedures like notice under Section 35(3) BNSS (earlier Section 41A CrPC) without proper reasons. The Court said such relief can be granted only after considering the merits and hearing the complainant. Relying on Neeharika Infrastructure (P) Ltd. v. State of Maharashtra, it set aside the High Court’s order and sent the case back for fresh consideration.

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