Proclaimed Offender – Procedural Compliance – Section 82 Cr.P.C – Petitioner declared as a proclaimed person for not appearing in a case – Petitioner later surrendered before the trial court – Court held that once the accused surrenders and joins proceedings, they can no longer be described as an offender – Proceedings under Section 82 Cr.P.C. fulfilled their pu...
Habeas Corpus – Custody of Minor – Welfare Paramount – Section 13 of Hindu Minority and Guardianship Act – Petition dismissed – No inherent right vested in husband or his relatives to claim custody of minor girl by filing writ of habeas corpus – Welfare of minor paramount, husband being natural guardian immaterial – Court directed minor to shelter home for...
Regular Bail – Fresh Investigation – Police Jurisdiction – Section 439 Cr.P.C. – Petitioners declared innocent after initial charge sheet – Court held that police have no power to conduct fresh investigation or re-investigation – Converting inquiry report into a supplementary report under Section 173(8) Cr.P.C. is violative of procedural laws – Suo moto ex...
Criminal Law - Murder and Conspiracy – Appeal – Evidence – Conviction challenged due to lack of recovery of material objects – No proof of appellant administering poison – Liquor bottle, residue, and steel tumbler not recovered – Absence of material evidence weakens prosecution case – Conviction set aside – Appellant acquitted. [Paras 1-24]
...
Evidence Law - Disclosure Statements – Criminal Appeal – If no recovery was made pursuant to the disclosure statement, it is hit by Section 25 of the Indian Evidence Act and cannot be relied upon – Held that no reliance can be placed on disclosure statements where no recovery was effectuated. [Para 38]
Criminal Procedure - Footprint Evidence – Investigation in ...
Criminal Law – Petition under Section 482 Cr.P.C. for quashing of defamation charges – Accusations against the petitioners (including the Chief Minister of Delhi) for imputing that BJP had orchestrated deletion of voter names from specific communities – The High Court examined the validity of summoning orders issued by the Magistrate and upheld by the Sessions Court – Court...
Criminal Law – Murder Conviction – Appellants convicted for the murder of Vijay Bahadur Singh alias Angnu – Trial court’s judgment based on testimonies of eye-witnesses who were relatives of the deceased – High Court examined contradictions and discrepancies in witness statements and procedural errors by the police – Witnesses’ reliability questioned due t...
Criminal Law – Revision against Framing of Charges – High Court's Revisionary Power under Section 397 Cr.P.C. – Further Investigation Ordered by High Court Challenged – The Supreme Court considered whether the High Court could set aside a Sessions Court order framing charges and order further investigation – High Court exceeded its jurisdiction by allowing the rev...
Criminal Law – Jurisdiction of Children's Court vs. NIA Special Court – Petition seeking transfer of trial – Respondent juvenile tried as an adult – FIR under UAPA and Explosive Substances Act – Jurisdiction vested in Children’s Court – Non-obstante clause in JJ Act, 2015 – Overriding effect on other laws – Held, Children's Court has ju...
Criminal Law - Anticipatory Bail – Section 438 CrPC – NDPS Act – Non-commercial quantity – Grant of bail to petitioner – Petitioner not named in FIR, no recovery effected from him, only based on wife's disclosure statement – Petitioner’s wife found with 6.25 grams of heroin, far less than commercial quantity – Petition allowed. [Paras 1-18]
&n...