Criminal Law – Quashing - Proclaimed Person – Section 82 Cr.P.C. – Mandatory Compliance – No person can be declared a proclaimed offender/person unless the procedure prescribed under Section 82 Cr.P.C. is strictly and meticulously followed – Provisions of Section 82 are mandatory in nature and any non-compliance vitiates the entire proclamation proceedings [Paras 5, 6...
Money Laundering – Bail under PMLA – Long Incarceration – Constitutional Courts’ Power – Applicant sought regular bail under Section 483 BNSS in ECIR registered under Section 4 PMLA relating to alleged scholarship scam – Applicant in custody for more than two years – Trial at stage of framing of charges – 71 witnesses cited and more than 31,000 pages...
Anticipatory Bail – National Security Offences – Alleged Syndicate for Aiding Illegal Immigrants – Seriousness of Allegations – Rejection Upheld – Appeal filed against order rejecting anticipatory bail in offences under IPC, Foreigners Act and Passport Act – Allegations of being kingpin of syndicate providing illegal assistance, financial support and settlement ...
Quashing of Proceedings – Scope under Section 528 B.N.S.S. – At the stage of quashing, Court is required to see whether allegations in FIR and material collected disclose prima facie commission of offence – Detailed appreciation of evidence or adjudication of disputed facts impermissible – Where allegations disclose ingredients of offences, proceedings cannot be quashed [Pa...
Preventive Detention – PITNDPS Act – Territorial Jurisdiction – Forum Conveniens – Writ Petition Dismissed – Petitioner challenged detention order passed by Joint Secretary, Department of Revenue, Government of India and rejection of representations – Though detention order and memoranda were issued from Delhi, predicate offences, sponsoring authority, records a...
Criminal Law – Truncation of Proceedings – Hostile Prosecutrix – In a prosecution for gang rape, prosecutrix resiled completely from allegations and denied sexual assault – Statement under Section 164 Cr.P.C. disowned – Held, where star witness demolishes prosecution case, continuation of trial would be futile – Trial court justified in truncating proceedings an...
Defamation – False Criminal Complaint – Statements in Judicial Proceedings – Petitioners alleged that respondent lodged a false criminal complaint in 2008 causing humiliation, mental agony and reputational harm – Held: Statements made in a police complaint or judicial proceedings can give rise to prosecution under Sections 499 and 500 IPC – No absolute immunity availa...
Criminal Law - Prevention of Corruption Act – Demand and Acceptance of Bribe – Proof – Conviction Upheld – Accused, Village Man, alleged to have demanded and accepted ₹500 as illegal gratification for facilitating transfer of Jama rights and land revenue mutation – Prosecution relied on evidence of complainant (PW1), decoy witness (PW2) and trap proceedings – ...
Constitutional Law – Validity of Legislation – Section 17A, Prevention of Corruption Act, 1988 – Upheld (with interpretation) – The Court examined the constitutional validity of Section 17A of the Prevention of Corruption Act, 1988, which mandates prior approval for inquiry or investigation into offences committed by public servants in discharge of official functions or dut...
Criminal Law – Quashing Of FIRs - Mines and Minerals – Illegal Mining – FIR by Police – Cognizable Offence – Scope of Section 21(6) MMDR Act – Section 21(6) expressly declares offences under Section 21(1) to be cognizable notwithstanding Cr.P.C. – Police are competent to register FIRs and conduct investigation for offences under MMDR Act – Section 22...