Criminal Law – Appeal Against Acquittal – Rash and Negligent Driving – Essential Ingredients – Sections 279/304A IPC – Prosecution must establish not only involvement of the vehicle and driver but also that the vehicle was driven in a rash or negligent manner – Occurrence of an accident or death by itself does not raise a presumption of rashness or negligence [P...
Criminal Law – Quashing - Complaint Case – BNSS, 2023 – Section 223 – Issuance of Notice to Accused – Cognizance – Magistrate issued notices to accused prior to examination of complainant and witnesses – Held, proviso to Section 223(1) mandates opportunity of hearing to accused before taking cognizance but only after examination of complainant and witnesse...
Money Laundering – Bail under PMLA – Long Incarceration – Constitutional Courts’ Power – Applicant sought regular bail under Section 483 BNSS in ECIR registered under Section 4 PMLA relating to alleged scholarship scam – Applicant in custody for more than two years – Trial at stage of framing of charges – 71 witnesses cited and more than 31,000 pages...
Criminal Law – Quashing - Proclaimed Person – Section 82 Cr.P.C. – Mandatory Compliance – No person can be declared a proclaimed offender/person unless the procedure prescribed under Section 82 Cr.P.C. is strictly and meticulously followed – Provisions of Section 82 are mandatory in nature and any non-compliance vitiates the entire proclamation proceedings [Paras 5, 6...
Constitutional Law – Validity of Legislation – Section 17A, Prevention of Corruption Act, 1988 – Upheld (with interpretation) – The Court examined the constitutional validity of Section 17A of the Prevention of Corruption Act, 1988, which mandates prior approval for inquiry or investigation into offences committed by public servants in discharge of official functions or dut...
Criminal Law – Bail – Recall of Bail Order – Distinction Between Recall and Cancellation – Petition under Section 482 CrPC filed by CGST Department seeking recall of bail granted by learned CMM – Held: Challenge to grant of bail on merits stands on a different footing from cancellation of bail based on supervening circumstances – Bail order can be interfered wit...
Anticipatory Bail – National Security Offences – Alleged Syndicate for Aiding Illegal Immigrants – Seriousness of Allegations – Rejection Upheld – Appeal filed against order rejecting anticipatory bail in offences under IPC, Foreigners Act and Passport Act – Allegations of being kingpin of syndicate providing illegal assistance, financial support and settlement ...
Criminal Law – Truncation of Proceedings – Hostile Prosecutrix – In a prosecution for gang rape, prosecutrix resiled completely from allegations and denied sexual assault – Statement under Section 164 Cr.P.C. disowned – Held, where star witness demolishes prosecution case, continuation of trial would be futile – Trial court justified in truncating proceedings an...
Preventive Detention – PITNDPS Act – Territorial Jurisdiction – Forum Conveniens – Writ Petition Dismissed – Petitioner challenged detention order passed by Joint Secretary, Department of Revenue, Government of India and rejection of representations – Though detention order and memoranda were issued from Delhi, predicate offences, sponsoring authority, records a...
Criminal Law - Prevention of Corruption Act – Demand and Acceptance of Bribe – Proof – Conviction Upheld – Accused, Village Man, alleged to have demanded and accepted ₹500 as illegal gratification for facilitating transfer of Jama rights and land revenue mutation – Prosecution relied on evidence of complainant (PW1), decoy witness (PW2) and trap proceedings – ...