Criminal Law – PMLA – Quashing at Pre-Trial Stage – Alternate Remedy – ECIR did not name appellants and CBI dropped them in supplementary report – ED complaint rests on alleged withdrawal of attached sums (post-PAO) linked to an identified quantum ₹33,80,87,617/- claimed as proceeds of crime – Held: With statutory appeals under Section 26 PMLA pending and PMLA...
Criminal Law - Dishonour of Cheque – Successive Presentations – Section 138, NI Act – Fresh Right but Not Fresh Cause of Action – A payee may successively present a cheque during its validity period, and each dishonour gives a fresh right to present again – However, once a notice of demand under Section 138(b) is issued and served, and drawer fails to pay within 15 da...
Prevention of Corruption Act – Sanction for Prosecution – Section 19(1) – Summoning of Public Servant without Sanction Impermissible – Cognizance can be taken only against a person for whom sanction has been specifically granted – Sanction qua one accused cannot be extended to another public servant – High Court’s order summoning appellant without sanction...
Criminal Law – Prevention of Corruption – Demand and Acceptance of Bribe – Appellant, a Central Excise Inspector, convicted for accepting ₹1500 alleged as bribe for clearing export goods – Trial Court found him guilty under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act – High Court acquitted him under Section 13(1)(d) and 13(2), but uph...
Section 498A IPC – Constitutional Challenge – Misuse Plea – Provision Upheld – Petition sought declaration that Section 498A is unconstitutional or, alternatively, guidelines to curb alleged rampant misuse – Held: Mere possibility or instances of misuse cannot invalidate a statute otherwise intra vires – Courts interpret law, not legislate – Abuse, if any,...
Criminal Law – Murder – Circumstantial Evidence – Conviction and Death Sentence Confirmed – Appellant convicted for brutal murder of six family members including women and children in a premeditated act – Trial court imposed death penalty under Section 302 IPC – High Court confirmed conviction and sentence – Supreme Court held: Circumstantial chain complet...
Criminal Law - Sentencing in Rape Cases – Reduction of Sentence – Section 376(2)(f) IPC – High Court reduced sentence from 10 years to 5 years citing young age and tribal background of the accused – Held: These are not “adequate and special reasons” as required under law – Reduction of sentence without satisfying statutory conditions is legally unsustainab...
Criminal Law - Sanction for Prosecution – Scope of Section 197 CrPC – Police Officer Acting in Discharge of Official Duties – Cognizance Quashed – Magistrate took cognizance against a police officer for alleged unlawful search without warrant – High Court held sanction under Section 197 CrPC not required – Held: Act of search was reasonably connected to discharg...
Criminal Writ - Child Custody – Removal from Jurisdiction – Foreign Court Orders – Habeas Corpus – Appellant-father, a U.S. citizen, filed habeas corpus petition under Article 32 seeking custody of his minor son, an American national, removed by the respondent-mother to India in violation of U.S. custody orders – Child had been missing for over two years until traced ...
Criminal Law - Rape and Abduction – Sections 366 and 376 IPC – Conviction Upheld – The appellant was convicted of abducting and raping the prosecutrix based on her statement under Section 164 CrPC and medical evidence – The conviction by the Trial Court and its affirmation by the High Court were supported by reliable and sufficient prosecution evidence – Held: No grou...