Criminal Revision – Scope – Revisional jurisdiction under Section 397 CrPC is supervisory, not appellate – interference permissible only in cases of patent defect, error of jurisdiction, perversity, or non-consideration of material evidence – High Court cannot reappreciate evidence to substitute findings of fact unless perverse [Paras 13-18].
Section 498A IPC &ndas...
Mines and Minerals (Development and Regulation) Act, 1957 – Section 21 read with Section 22 – Cognizance – Complaint Requirement – Charge on Police Report Quashed – Petitioner charged under Sections 379, 411 IPC and Section 21 MMDR Act read with Rule 54 JMMC Rules – Cognizance taken based on police report – Held: Section 22 MMDR Act imposes a statutory bar...
Criminal Law - Murder – Circumstantial Evidence – Incomplete Chain – Conviction Set Aside – The prosecution’s case against the appellant for murdering his wife was based entirely on circumstantial evidence – Key circumstances including alleged motive due to frequent quarrels, last seen together, and recovery of blood-stained clothes were not proved beyond ...
Criminal Law – Regular Bail – Drug Overdose Death – Section 304 IPC – Petitioner accused of causing death of friend by administering excessive intoxicants – Investigation revealed death due to overdose, but unclear whether consumption was voluntary or forced – No criminal antecedents – Petitioner in custody for over two years and five months – Held: ...
Criminal Law - Religious Conversion – U.P. Conversion Act – Quashing – Article 32 Maintainability – Multiple FIRs – FIR No. 224/2022 lodged by a person not competent under unamended Section 4 held void ab initio – Subsequent FIRs (47/2023, 54/2023, 55/2023, 60/2023) found cyclostyled, delayed and hit by T.T. Antony test of sameness – Forensic/Aadhaar mater...
NDPS Act – Compliance with Section 50 – Personal Search – Validity of Conviction – Accused alleged total non-compliance with Section 50 – Evidence of PW10 (main raiding officer) confirmed that accused was informed of his right to be searched before a Magistrate or Gazetted Officer – Corroborated by PW5 and PW9 – Casual wording in PW1's testimony not fa...
Criminal Law – Murder – Bail – Circumstantial Evidence – Applicant accused of murdering the deceased by beheading him and disposing of body parts in gunny bags – FIR registered under Sections 302 and 201 IPC – Application under Section 483 BNSS for regular bail – Defence contended that recovery of body was planted, CCTV footage inconclusive, and motive unp...
Appeal against Acquittal – Section 417 CrPC – Scope of Appellate Powers – Presumption of Innocence Reinforced – The Sessions Judge acquitted the accused after detailed analysis of evidence, finding prosecution witnesses unreliable and defence of private right plausible – The High Court reversed the acquittal in a summary manner without displacing trial court’s r...
Criminal Law – Framing of Charges – Prima Facie Case – Charges framed against appellant for serious offences arising out of 1984 anti-Sikh riots including murder and conspiracy – Appellant sought discharge claiming statements of key witnesses (PW-1, PW-2, PW-10) were delayed by over 20 years and unreliable – Held: At the stage of framing charges, court need not evalua...
Negotiable Instruments Act – Dishonour of Cheque – Statutory Presumption – Section 139 – Execution of cheque admitted by accused – Held: Presumption arises that cheque was issued in discharge of debt or liability – However, such presumption is rebuttable on preponderance of probabilities – Accused not required to prove defence beyond reasonable doubt &ndas...