Criminal Law – Murder – Section 302 IPC – Circumstantial Evidence – Incomplete Chain – Acquittal – Prosecution examined 24 witnesses but failed to establish a complete chain of circumstances — Trial court itself discarded the last seen theory, evidence of PW-4, PW-7 and PW-9, identity of mobile phone by IMEI number, and CDR evidence — only surviving ...
Drugs and Cosmetics Act, 1940 — Section 18(a)(i) and (vi) read with Section 16(1)(a) punishable under Section 27(d) — Section 34 — Vicarious Liability of Managing Director — Quashing — Complaint Allowed — Drug "Oflox OZ Suspension 30 ML" (Ofloxacin & Metronidazole Suspension, Batch No. CLOF14014) manufactured by M/s Crest Lifesciences Pvt. Ltd. and...
Criminal Law – Probation – Grant of Probation to First-Time Offenders – Prolonged Trial – Compromise as One Factor – Accused convicted by Trial Court under Sections 323, 452, 506 and 365 IPC for forcible entry into house and assault on elderly couple — Appellate Court, upon compromise by parties and on consideration of prolonged trial since 1998, no criminal ant...
Money Laundering — PMLA, 2002 — Sections 3 and 4 — Bail — Twin Conditions under Section 45 — Bail Rejected — Applicant, a director of M/s Aviral Building Construction Pvt. Ltd., sought regular bail — Predicate offence registered against main accused Saurabh Sharma (constable) under Prevention of Corruption Act for acquiring disproportionate assets — ...
Perjury — Section 340 CrPC / Section 379 BNSS — Maintenance Proceedings — False Affidavit — Prosecution for Perjury — Expediency Test — Appeal dismissed — Appellant-husband sought prosecution of his wife under Sections 211, 213, 222, 232 BNS alleging she made false statements about his income (Rs. 80,000/- and Rs. 1,25,000/- per month) in affidavit filed i...
Essential Commodities Act – Kerosene – Possession Beyond Permissible Limit – Conviction Upheld – Accused found in possession of 27 litres of kerosene oil in three tins at his shop during surprise inspection on 25.05.1990 — possession in excess of 10 litres without a valid dealer's licence prohibited under Orissa Kerosene Control Order, 1962 — accused's d...
Criminal Law - Negotiable Instruments Act, 1881 - Sections 138 and 141 - Vicarious Liability of Directors - Quashing of Summoning Orders - Petitioner sought quashing of summoning orders and criminal proceedings arising from dishonoured cheques issued by the company - Petitioner contended that he was an Independent Director (Non-Executive), not a signatory to the cheques, and not involved in the da...
Criminal Law – Quashing of Proceedings – Matrimonial Dispute – Implication of Relatives – Petitioners (mother-in-law, father-in-law, and sister-in-law) challenged proceedings arising from a complaint filed by the 2nd respondent alleging cruelty and demand of dowry – Held: A close reading of the complaint indicates that commonplace domestic discord and minor skirmishes...
Constitutional Law – Writ Jurisdiction – Article 226 vs. Article 227 – Maintainability – Judicial Orders of Criminal Courts – Petition under Article 226 seeking quashing of orders dated 12.12.2025 and 21.02.2026 passed by Special Chief Judicial Magistrate (Custom), Lucknow in Criminal Case No. 3894 of 1999 – State raised preliminary objection that judicial order...
Negotiable Instruments Act – Section 138 – Cheque Dishonour – Power of Attorney Holder as Witness – Competency – Cheque dated 05.03.2011 for Rs. 2,50,000/- issued by accused dishonoured – PW1, Power of Attorney Holder of complainant, examined as witness having direct knowledge of and having witnessed the transaction leading to execution of cheque – Trial c...