Encroachment on Public Land – Noise Pollution – Food Joint "Books and Beans" – Petitioner Complained of Loud Music and Encroachment – Legal Action Taken, FIR Registered – Joint Encroachment Removal Conducted by MCD – Tables, Chairs, and Green Carpet Removed – DDA Confirmed Land Belongs to Them, No Right for Respondent No. 3 to Use It – Cour...
Attempt to Murder – Reduction of Sentence – Appellant convicted under Section 307 IPC for attempting to murder the complainant by assaulting with an axe – Conviction under Sections 504 and 506-II IPC also imposed – Court finds lack of intention to kill; injury caused not sufficient to cause death in the ordinary course of nature – Conviction under Section 307 reduced ...
Criminal Law – Conviction Under Common Intention – Appellants convicted for offences under Sections 302/149 IPC – Court finds material contradictions in eyewitness testimonies – Appellants not proven to have individually caused fatal injuries – Conviction under Section 302/149 IPC set aside, convictions under Sections 147, 323, 325/149 IPC maintained [Paras 1-18].
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Criminal Law – Quashing of Proceedings – Serious Offenses and Settlements – Rape and POCSO Act Offenses - accused was charged with offenses under Sections 6 read with 5(n)(j)(ii) of the POCSO Act and Sections 450, 376(3)(2)(n)(f) of the IPC. The petitioner sought quashing of the proceedings on the grounds that he had married the de facto complainant, and they were now living happ...
Suo Motu Contempt – Contempt of Courts Act – Suo motu contempt proceedings initiated based on a resolution passed by the Madurai Bar Association criticizing a judicial order on helmet mandates – Processions and distribution of defamatory leaflets against judges led to the initiation of proceedings – Both contemnors tendered unconditional apologies – The court accepted...
Criminal Procedure – Preliminary Enquiry – Section 340 Cr.P.C. – Requirement for Enquiry – Petitioner argued that court should have conducted a preliminary enquiry before ordering prosecution under Sections 340 & 344 Cr.P.C. – Court held that preliminary enquiry is not mandatory if the court can form a prima facie opinion – Petition dismissed [Paras 4-39].
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Criminal Law – Quashing of FIR under Sections 354, 354A, 323, 509 of IPC – Allegations of sexual harassment by Respondent No.2 against Petitioner – FIR filed after dismissal of complaint by the Internal Complaints Committee (ICC) under POSH Act – High Court quashed the FIR on grounds that the intimate and consensual relationship between the parties was established, renderin...
Quashing of Criminal Proceedings – Absence of Ingredients for Offenses under Sections 406 and 420 IPC – Petitioner sought quashing of proceedings, claiming no prima facie evidence of involvement in alleged offenses – The complainant failed to establish any link between the petitioner and the alleged fraudulent acts; the petitioner was not part of the accused company nor issued th...
Criminal Law – NDPS Act – Quashment of Proceedings – Denied – NDPS Act – Recovery of Contraband – Absence of Mentioned Quantity – Petitioner (A2) sought quashing of proceedings in CC No. 74 of 2023 under Section 482 CrPC – Contraband (10 small packets of Ganja leaves and ₹9,750) was allegedly recovered from the petitioner at the crime scene –...
Criminal Law – Acquittal and Probation – Accused-respondents acquitted of serious charges under Sections 308/34, 325, 324, 323 IPC – Convicted under Sections 325/34, 324/34, 323/34, 341 IPC – Trial court extended benefit of Section 4 of Probation of Offenders Act – Petitioner challenges acquittal and probation [Paras 1-2].
Evaluation of Evidence – T...