Negotiable Instruments Act, 1881 – Section 138 & Section 141 – Quashing of Summoning Order – Parallel Remedies – Forum Shopping – Petitioners challenged summoning orders by invoking inherent jurisdiction of High Court while having already filed criminal revision before Sessions Court – Suppression of pendency of revision held to lack bona fides – Law r...
Bail – NDPS Act – Regular Bail – Commercial Quantity – Rigours of Section 37 – Petition under Section 483 BNSS for regular bail by accused not found in possession of contraband but alleged to be part of drug trafficking network – Recovery of ₹4,40,000/- as alleged drug money from petitioner and commercial quantity of 140 grams Racemorphan from co-accused &ndas...
Bail – Murder and allied offences – Sections 191, 103, 329 BNS – Accused sought bail under Section 483 BNSS – Prosecution alleged brutal group assault resulting in death – Offences punishable with death or life imprisonment – Held: Gravity of offence alone not decisive for denial of bail when similarly placed co-accused have been enlarged on bail [Paras 3–...
Criminal Law – POCSO Conviction – Kidnapping of Minor Girl – Section 363 IPC – “Taking” from Lawful Guardianship – Consent of Minor Irrelevant – Victim aged 11 years voluntarily accompanied accused after telephonic conversation – Accused took minor from guardianship without consent of lawful guardian – Active role of accused in taking vic...
Criminal Law - Prevention of Corruption – Bribery – Demand and Acceptance – Proof – Acquittal – Appellant, a Patwari, was convicted for offences under Section 5(2) of the J&K Prevention of Corruption Act read with Section 161 RPC on allegation of demanding and accepting bribe for issuance of revenue extract – Trap laid and recovery of ₹700/- from appellant...
Criminal Law – Cruelty by Husband or Relatives – Section 498A IPC – Appeal against conviction – Trial court acquitted accused of dowry death under Section 304B IPC but convicted husband and mother-in-law under Section 498A IPC – Mother-in-law died during pendency of appeal – Appeal proceeded only against husband – Held: Ingredients of Section 498A not prov...
Criminal Law – Murder – Appeal Against Acquittal – Victim’s Appeal and State Appeal – Prosecution alleged conspiracy and murder of deceased Jayaram by Accused Nos.1 to 4 using chopper and sickle – Trial Court acquitted accused for offences under Sections 302, 120-B, 450 read with Section 34 IPC – High Court reappreciated entire evidence – Held: No pe...
Criminal Appeal – Appeal Against Acquittal – Scope of Interference under Section 378 CrPC – State challenged acquittal of accused for offences under IPC, SC/ST (Prevention of Atrocities) Act and Bombay Police Act – High Court reiterated that interference in acquittal appeal is permissible only when findings are perverse, illegal or based on misreading of material evidence &...
NDPS Act – Quashing of Proceedings – Section 482 Cr.P.C. – Accused implicated only on basis of voluntary/confessional statements recorded under Section 67 NDPS Act – No independent corroborative material linking petitioner to offence – Continuation of prosecution held to be abuse of process of law [Paras 8, 11].
Section 67 NDPS Act – Evidentiary Value –...
Criminal Law - Benami Property Transactions – Prosecution under PBPT Act – Discharge – Stage of framing of charge – Post-demonetisation cash deposits of ₹68.71 Crores into firm’s account – Accused claimed deposits represented genuine business turnover – Allegations of bogus bills, fictitious transactions and disproportionate income – Held: Defence ...