Criminal Law – Quashing of Proceedings – Petitioners sought to quash the order of the Judicial Magistrate, Jamshedpur, directing police investigation under Section 156(3) Cr.P.C. and the subsequent criminal proceedings – Dispute arising from termination of a contract and allegations of non-payment and withholding of machinery – Held: Dispute is civil in nature, arising from...
Criminal Law – Conviction for Rape and Kidnapping – Accused convicted of kidnapping a minor girl and committing rape – Trial court’s judgment upheld by High Court with partial modifications – Appeal mainly contested on grounds of unreliable evidence and improper conviction under special statutes – High Court affirms conviction under IPC, sets aside conviction un...
Criminal Law – Abetment to Suicide – Petition for quashing FIR for abetment to suicide under Section 306 IPC. Petitioner accused of harassing and blackmailing the deceased, leading to his suicide. Suicide note recovered implicating the petitioner. Held, mere demand for repayment of a loan does not amount to abetment, but combined with harassment, blackmail, and threats, it can compel a...
Criminal Law – Vicarious Liability – Complaint Quashing: Complaint filed by National Housing Bank alleging violations under Section 29A of the National Housing Bank Act against the company and its directors – High Court quashed the complaint for non-compliance with the requirements similar to those in Section 141 of the Negotiable Instruments Act – Supreme Court held that t...
Criminal Procedure Code – Section 145 Cr.P.C. – Opportunity of Hearing – Proceedings under Section 145 Cr.P.C. initiated without proper notice and opportunity to the petitioners – Orders passed in violation of principles of natural justice – Proceedings quashed [Paras 1-14].
Criminal Procedure Code – Section 146 Cr.P.C. – Attachment of Propert...
Criminal Law – Kidnapping and Sexual Assault – Appellant convicted for kidnapping and sexually assaulting a minor girl – Conviction under Sections 363, 366 IPC and Section 4 of POCSO Act by the trial court – High Court partially upholds and partially overturns the conviction – Insufficient evidence for Section 4 of POCSO Act and Section 366 IPC – Conviction unde...
Criminal Law – Conviction Reversal – Evidence Analysis: Appeal against conviction for assault causing death under Section 304 Part II IPC – Trial court convicted appellant based on testimonies and medical evidence – High Court finds inconsistencies in prosecution evidence and lack of explanation for gaps in medical treatment – Judgment and sentence set aside [Paras 1-...
Criminal Law – Rape and Aggravated Sexual Assault – Conviction Affirmed: Appellant convicted of raping a 7-year-old girl (P.W.2) and attempting to rape another minor (P.W.3) – Conviction based on the consistent and reliable testimonies of the victims, corroborated by medical evidence showing physical injuries consistent with sexual assault – Defense’s argument of fals...
Criminal Law – Discharge Petition: Petitioner sought discharge in a case involving rash and negligent driving resulting in fatalities – Trial Court dismissed the discharge petition – High Court reviewed the material and found no sufficient ground for Section 304(ii) IPC but sufficient for Sections 304-A, 337, and 338 IPC – Discharge petition partly allowed [Paras 1-14].
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Speedy Trial – Right to Expeditious Disposal – Petitioner sought directions for the swift resolution of the complaint filed against the respondent for non-repayment of a friendly loan – Emphasized respondent’s attempts to delay proceedings by avoiding court appearances – Court referenced precedents on the right to a speedy trial, affirming it as an essential part of t...