Writ Law - Habeas Corpus - Bharatiya Nyaya Sanhita 2023 - Sections 87 and 137(2) - Recovery of minor - Petitioner mother sought recovery of fifteen year old daughter enticed away by respondent five - Investigation by PS Sipri Bazar Jhansi found deficient and lacking objectivity - Charge-sheet submitted based on accused version without proper verification - Court noted non-compliance with direction...
Indian Penal Code 1860 - Section 307 - Attempt to Murder - Intention - Parties were close relatives - Incident occurred after the father of the victims challenged the appellant - Held - Facts do not establish a clear intention to commit murder or cause death - Mens rea for Section 307 IPC not established beyond doubt - [Paras 27-33]
Indian Penal Code 1860 - Sections 320 and 326 - Grievous Hurt ...
Criminal Law - Unlawful Activities Prevention Act 1967 - Section 15 - Terrorist Act - Definition and Means - Interpretation of other means of whatever nature - Principle of ejusdem generis - Held - To qualify as a terrorist act the act must be done with intent to threaten unity or strike terror using specified hazardous means - A stone does not fall within the category of bombs or explosives as sp...
Criminal Law - Right to Travel Abroad - Constitution of India - Article 21 - Appeal against High Court judgment permitting Respondent No. 2 to travel to USA for medical treatment pending trial for offences under Sections 120-B and 306 IPC - Respondent No. 2 a US citizen had previously left India in 2017 after suspension of Look Out Circular and returned in 2025 leading to arrest - Magistrate order...
Criminal Law - Investigation Delay - Constitution of India - Articles 21 and 226 - Inordinate delay in filing chargesheet - Father of appellants filed a complaint in 2007 alleging forgery of property documents while he was on Haj pilgrimage - Police submitted C-Summary in 2014 which was rejected by the Judicial Magistrate First Class - FSL report in 2017 confirmed forgery of signatures - Original ...
Criminal Law - Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 37 - Mandatory Twin Conditions - State of Punjab challenged High Court order granting bail to respondent arrayed in FIR involving 1.465 kg heroin - Respondent allegedly directed co-accused to collect and supply drugs while being lodged in Central Jail Goindwal Sahib - High Court granted bail primarily on grounds of...
Civil Law - Contempt of Court - Constitution of India - Article 129 - Wilful disobedience of interim order - Petitioner sought enforcement of order dated 30.01.2026 directing de-sealing of House No. 74 Rajamal Ka Talab Jaipur and restoration of possession - Respondents failed to comply for nearly three months despite written representations and legal notices - Court noted that compliance was only ...
Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Section 138 - Statutory Demand Notice - Requirement of specifying amount - Appellant/complainant filed an appeal against the acquittal of the accused by the Judicial First Class Magistrate Court-II Perambra in a case involving dishonour of a cheque for Rs 95000 - The trial court acquitted the accused finding that the demand not...
Criminal Law - Rape and Sexual Assault - Indian Penal Code 1860 - Section 376 - Protection of Children from Sexual Offences Act 2012 - Section 6 - Appellant-neighbor accused of abducting a 10-year-old girl from her home at midnight and raping her in a village school - Victim found unconscious with multiple internal and external injuries including hymen laceration - Victim identified the appellant ...
Criminal Law - Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 21, 25, 27-A and 29 - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 483 - Arms Act - Section 25 - Petitioner arrested following a tip-off regarding a drone-based smuggling network - Recovery of 1 kg heroin from a car occupied by co-accused Jaskaran and Amritpal while petitioner was later intercepted with 6 pis...