Criminal Appeals - Conviction under Sections 302/307/34 IPC - Challenge to the judgment of the High Court - Dismissal of certain appeals while acquitting one co-accused - Detailed examination of the case facts and circumstances - Evaluation of witness testimonies - Examination of self-defense plea - Indiscriminate firing leading to casualties - Presence of appellants on the roof during the inciden...
Advocate’s Role – Quashing of FIR – Petitioner, a practicing Advocate, questioned revenue officials during an encroachment removal operation – Charged under Sections 341 and 353 of IPC – Petitioner’s demeanor considered in light of his profession – Advocate’s actions aimed at safeguarding client’s rights, not obstructing officials – Conti...
Anticipatory Bail – Petition for Grant – Mohammad Rayyan Ansari, the petitioner, seeks anticipatory bail concerning FIR No.143 dated 18.06.2023 under Sections 21(c), 22(c) and 25 of the NDPS Act at Police Station Munak, Karnal, Haryana, following the allegations of selling intoxicating tablets. The petitioner was implicated based on the disclosure statement of a co-accused. The learned...
Criminal Procedure – Section 482 – Quashing of FIR – Petition filed under Section 482 of the CrPC for quashing of FIR registered under various sections of the IPC. The quashing was sought based on the compromise reached between the parties. [Para 1]
Court Directives – Parties were directed to appear before the trial Court to confirm the genuineness of the compr...
Medical Negligence – Criminal Proceedings – Allegation of death due to hair transplantation performed by the petitioner – Prosecution claims the petitioner’s untrained actions caused the death – Challenge to proceedings under Section 482 Cr.P.C. – Court examines whether death was a direct result of the treatment given – The complaint filed after a signific...
Criminal Appeal – Conviction under Section 6 of the POCSO Act – Allegations of penetrative sexual assault on a child – Appellant convicted and sentenced to rigorous imprisonment – Appeal against conviction – Medical examination of victim reveals no injury or signs of sexual assault – Prosecution's case questioned on grounds of falsity and improbability &ndas...
Legal Proceedings - Quashing of summoning order and proceedings in a complaint case - Allegations of bigamy against the applicants - Lack of evidence to establish a valid second marriage - Malicious prosecution - Prima facie case not made out. [Para 3-13]
Court's Duty - Protection of apparently innocent persons from frivolous prosecution - Quashing of proceedings to prevent grave miscarriag...
Quashing Proceedings – Section 482 CrPC: High Court's jurisdiction under Section 482 CrPC should not be exercised to quash proceedings merely due to a settlement between parties, especially in serious offences such as those under Section 306 and 305 IPC. Offences of this nature are against society and not just against individuals. [Para 15, 50]
Serious Offences – Class...
Criminal Appeal – Challenge to denial of regular bail – Appellant seeks to set aside the impugned order dismissing his bail application – Arrested in a case related to a terror module planning IED Blasts – Allegations based on co-accused's disclosure statements and witness statements – Appellant's limited role as a middleman and lack of knowledge about the pur...
Criminal Bail Application – Narcotics Offences – Applicant charged under Sections 8(c), 20, 22 & 29 of the NDPS Act – Retraction of statement made under Section 67 NDPS Act – No recoveries from the Applicant – Lack of independent evidence linking the Applicant to the alleged offences – Constitutional guarantees and admissibility of confessional statements &n...