Bail – Grant of Bail by High Court – Annulment of Bail Order – Respondents accused of offences under Sections 147, 148, 307 IPC read with Section 3(2)(va) of the SC/ST (POA) Act – Earlier bail cancelled due to misuse of liberty and murder of prime injured witness while on bail – High Court granted bail again without considering prior cancellation and supervening circu...
Criminal Law – Matrimonial Disputes – FIR Quashed – Allegations under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act made by wife against husband and in-laws – FIR lodged in response to restitution notice by husband – Allegations found to be vague, omnibus and lacking specific instances – Supreme Court held that routine matrimonial discord an...
Criminal Law – Quashing of FIR – Direction for Time-bound Investigation and Protection from Arrest – Legality and Justification of High Court's Order – High Court dismissed quashing petitions filed by three accused (Mohd. Arshad Khan, Sanjay Kapoor, Muhammad Zaid Khan) but simultaneously granted protection from arrest and directed investigation to be concluded within 90...
Criminal Law – Cruelty by Husband – Conviction under Section 498A IPC – Evidence of physical and mental abuse – Prosecution proved that husband repeatedly abused, assaulted, and neglected his wife – Evidence of illicit relationship and alcohol addiction corroborated by multiple witnesses including son of deceased – Complaint by deceased wife prior to suicide rev...
Criminal Law – Murder – Reversal of Acquittal – High Court reversed acquittal of five accused (A-1 to A-4 and A-10) and sentenced them to life imprisonment under Section 302 read with Section 34 IPC – Conviction based on consistent eyewitness testimony, corroborated by medical and forensic evidence, and supported by circumstantial links such as weapon recovery and sniffer d...
Criminal Law – Recalling Witness – Section 311 CrPC – High Court set aside Trial Court’s refusal and allowed examination of minor child (daughter of deceased) after 7 years of incident – Held: Discretion under Section 311 CrPC is wide but must be exercised sparingly – Evidence must be essential to just decision of case – In absence of proof of child being ...
Criminal Law – Section 319 Cr.P.C. – Summoning of Additional Accused – Defence Pleas – Petitioner named in FIR but exonerated by Investigating Officers in multiple reports; subsequently summoned by Trial Court – Held: Contentions regarding false implication and police reports constitute defence pleas – Petitioner is at liberty to raise all such contentions durin...
Criminal Law – Quashing of FIR – Civil Dispute Given Criminal Colour – Appellant, a former Director of lessee company, was implicated in FIR under Sections 406 and 420 IPC for alleged non-payment of rent and unauthorised retention of leased premises – Supreme Court held that the dispute arose from breach of lease agreement and had been subject to arbitration, where an award...
Criminal Law – IPC and ITPA - Child Trafficking – Minor Victim – Commercial Sexual Exploitation – Appellant convicted for keeping minor girl in rented premises for prostitution – Decoy operation by NGO workers led to rescue of minor – Testimony of minor victim (PW-13) found credible, consistent, and corroborated by witnesses PW-8, PW-11, PW-12 and seizure of con...
Criminal Law – Quashing under Article 32 – Large-scale financial fraud allegations – OTS with banks – Petitioners voluntarily depositing entire settlement amount – State proposing full and final figure of ₹5100 crores – Consensus achieved – Held: In extraordinary and peculiar facts, upon full deposit, all FIRs, ECIRs, PMLA attachments, SFIO prosecutions,...