Criminal Contempt – Requirement of Advocate General's Consent – Section 15 of Contempt of Courts Act – Petition Misconstituted – The petition for initiating criminal contempt proceedings was filed without the prior consent of the Advocate General as required under Section 15 – Held: The absence of such consent renders the petition misconstituted, as no suo motu cr...
Bail – Cancellation – Grounds for Revocation – Accused granted bail for offences under IPC, IT Act, and POCSO Act – Subsequent complaint by victim’s mother alleging threats and pressure to withdraw the case – Special Court canceled bail for violation of conditions – High Court upheld the cancellation, emphasizing that interference with witnesses and threat...
Human Trafficking and Rape – Conviction of Accused –
The appellants, Jafar Ali and Shameer @ Saji, were convicted for human trafficking and rape of a minor. The victim, a 15-year-old girl from Bangladesh, was transported under false promises and sold for sexual exploitation. The High Court upheld the trial court’s judgment, emphasizing the reliability of the victim’s testi...
Protection of Women from Domestic Violence Act – Residence Orders – Petitioners sought direction to shift respondent Nos.1 and 2 to alternative accommodation – Trial court allowed, but appeal dismissed without directing relocation – Issue of cohabitation in shared household with aged mother-in-law raised [Paras 1-3].
Section 19, Protection of Women from Domestic Violence...
Criminal Appeal – Identity of Accused – Absence of Test Identification Parade – Conviction Set Aside - Star witnesses failed to describe the accused's unique characteristics during the investigation – No test identification parade was conducted, and the Court-held identification was deemed insufficient to establish guilt – Trial Court’s reliance on in-court ...
Criminal Law – Defamation and Requirement of Sanction for Prosecution – Petition Dismissed – Petitioner filed a petition under Section 482 of the Cr.P.C. seeking to set aside the order of the Additional Sessions Judge which allowed a revision petition, setting aside an earlier Magistrate’s order that summoned the respondent to face trial for defamation under Sections 499 an...
Quashing of Complaint - Section 482 of the Code of Criminal Procedure - Environmental Compliance – Post-violation rectification – Proceedings redirected to trial court - The petitioners were initially subjected to proceedings under the Water (Prevention and Control of Pollution) Act, 1974, for failing to adhere to statutory requirements. They subsequently resolved deficiencies and obta...
Bail Application – Serious Offenses – Denied Based on Prima Facie Evidence - The petitioner was accused of leading an armed mob, driving the Scorpio vehicle to the crime scene, and instigating others to attack – The Court found prima facie evidence corroborating his role in the conspiracy and denied bail [Paras 10-16].
Impact of Crime on Society – No Grounds for Bail Des...
Criminal Law – Defamation – Section 356 BNS Applies Only if Public Good is Not Served – The petitioner was accused of publishing a book titled "The Real Reason Why Legend Died", along with videos, podcasts, and reels, allegedly defaming the family of Sidhu Moosewala – The Court held that mere publication of controversial content does not automatically amount to cr...
Quashing of FIR – Section 17-A of Prevention of Corruption Act – Procedural Safeguard – Accused as Municipal Commissioner challenged FIR alleging malafides and non-application of mind during approval under Section 17-A – Held: Approval under Section 17-A must be substantive, not ritualistic, requiring application of mind to the materials presented – Court found lack o...