Criminal Appeal – Quashing of FIR – Alleged theft, house trespass, and criminal intimidation – FIR registered under sections 457, 380, and 506 of the IPC – High Court quashed the FIR – Appeal allowed, High Court judgment set aside, and the matter ordered to proceed in accordance with the law. [Para 16-17]
Partnership Dispute – Dispute between family members r...
Criminal Appeal – Conviction under IPC and POCSO Act – Appellant convicted of offences under Section(s) 363, 366 IPC, and Section 6 of the POCSO Act – Rigorous imprisonment for 20 years and fine imposed – Concurrent running of sentences – Nature of appeal necessitates careful consideration – Special leave granted. [Para 1-2]
Personal Liberty –...
Criminal Appeal – Rape Charges – Acquittal by trial court – Prosecution's challenge to acquittal – Prosecution argues that the trial court erred in finding the statements of the prosecutrix and her daughter unbelievable – Scope of re-appreciation of evidence in cases of acquittal discussed – Contradictory statements made by the prosecutrix regarding the role...
Criminal Appeal – Conviction under Section 302 IPC – Appellant convicted of life imprisonment for setting the deceased on fire – Multiple dying declarations by the deceased – Trial Court found them consistent and credible – High Court upheld the conviction and rejected the appeal. [Para 1-7]
Criminal Appeal – Conviction based on multiple dying declarations &n...
Transfer Petition – Section 482 Cr.P.C. – Petition filed for transferring FIR No. 133, dated 10th March 2022, to Central Bureau of Investigation or to a Special Investigation Team under the supervision of a Senior IPS officer. The case involves allegations of crimes punishable under Sections 452, 323, 506, 427, 120-B, 148, and 149 of the Indian Penal Code, 1860. [Para 1]
Legal Abuse...
Bail Application – Petitioner seeks regular bail – FIR registered under Sections 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 – Custody Certificate produced – Petitioner's counsel argues that an unauthorized officer conducted the search before an authorized officer arrived – Petitioner's prolonged incarceration and lack of criminal antecedents co...
Anticipatory Bail - Petitioner seeks anticipatory bail in FIR involving charges under IPC Sections 420, 467, 468, 471, 120-B, and Section 13(1)(d), 13(2) of Prevention of Corruption Act, 1988 - Petitioner a first-time offender - Nature of allegations and the need to provide an opportunity to course correct justifies consideration for bail. [Para 1-6]
Bail Principles - Bail decision mu...
- Bail Application – Narcotics Drugs and Psychotropic Substances Act (NDPS Act) – Petitioner seeking bail under Section 439 CrPC – Criminal antecedents of the petitioner – Long pre-trial custody exceeding two years and six months – Exceptional case for bail – Conditions imposed based on Dheeraj Kumar Shukla v. The State of Uttar Pradesh [Para 5-9]
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Criminal Proceedings - Quashing of FIR and Subsequent Proceedings - Petition filed under Section 482 Cr.P.C. for quashing of FIR No.35 dated 29.05.2016 under Sections 306, 34, 120-B IPC and 420 IPC - Accused petitioner seeks the quashing of the FIR and all subsequent proceedings - Allegations of abetment to suicide and dishonor of cheques - Name of the petitioner appears in the suicide note withou...
Criminal Revision Petition – Conviction under Section 138 of Negotiable Instruments Act, 1881 – Appeal against judgment of learned Additional Sessions Judge-02 – Petitioner convicted for dishonoring a cheque – Facts involving a loan, cheque issuance, and dishonor – Petitioner seeks acquittal and challenges lower court decisions. [Para 1-8]
Presumption under Section...