Criminal Law – Quashing – Section 482 CrPC – Scope – Petitioners sought quashing of proceedings in C.C. No. 17248/2019 alleging false implication based on fabricated agreement – Court reiterated inherent powers under Section 482 must be exercised sparingly in rare cases to prevent abuse or secure ends of justice – When disputed facts exist, particularly genuinen...
Criminal Law – Prevention of Corruption – Demand and Acceptance of Bribe – Conviction confirmed – Sentence reduced – Accused, a Senior Civil Police Officer, demanded and accepted ₹1,000 from PW1 for issuing favourable passport verification – Demand first made on 15.11.2012 and bribe accepted on 23.11.2012 – Tainted currency recovered during trap operatio...
Criminal Procedure – Section 311/91 CrPC – Recall of witness / production of documents – Victims challenged rejection of prosecution request to recall PW-14 to mark two 2007 “appreciation letters” allegedly issued by A-1 – Held: Letters concerning a prosecution witness (not victim/informant/accused) 17 years earlier are not essential to the just decision of POCS...
Criminal Writ - Preventive Detention – Grounds Vague – Documents Not Supplied – Detention Quashed – Detenu was detained under PIT NDPS Act vide order dated 20.12.2024 – Grounds of detention alleged past FIRs, many of which were closed or under trial – FIR details including status of bail not disclosed – Held: Failure to provide relevant documents and vague...
Negotiable Instruments – Section 138 – Dishonour of Cheque – Presumption – Accused admitted borrowing ₹1,50,000 and issuance of cheque – Defence that cheque was for security not accepted – Held: Once issuance and signature are admitted, presumption under Sections 118(a) and 139 NI Act arises – No rebuttal evidence led by accused – Conviction upheld...
Criminal Law – Murder vs. Culpable Homicide – Accused (landowners) attacked complainant’s father and uncles during land measurement dispute using sticks, pike and spear – PW-1 (son/nephew of deceased) was sole eyewitness; PW-2 hostile – Medical evidence showed lacerated and contused wounds only; no incised injuries – Weapons used with blunt side – Just Kno...
Criminal Law – Quashing of FIR – Section 528 BNSS (corresponding to Section 482 CrPC) – FIR alleging rape on pretext of marriage filed by complainant after she was issued a show cause notice by her employer pursuant to the appellant’s complaint – Appellant and complainant were colleagues for five years and were in a consensual relationship – FIR filed four month...
Criminal Procedure – Application under Section 528 B.N.S.S. – Maintainability – Prospective accused challenged the order of Magistrate directing registration of FIR and investigation under Sections 173(4) and 175(3) B.N.S.S. – Magistrate acted on complaint by retired SC community bank officer alleging conspiracy and forgery by bank officials to defame him – Held: Unde...
Criminal Law – POCSO – Acquittal – Conviction of appellant under Section 8 of POCSO Act based solely on testimony of victim – High Court finds victim admitted to being tutored by her mother and others – Multiple contradictions in statements under Sections 161 and 164 Cr.P.C. – Independent witnesses (PW4, PW5, PW9) did not support prosecution case – Medical...
Criminal Law – Clubbing of FIRs – Investor Fraud – Petitioners sought consolidation of FIRs registered across Telangana, Karnataka, Maharashtra, West Bengal, Delhi, Andhra Pradesh, and Rajasthan alleging identical modus operandi of duping investors – Court held prayer to club all FIRs from different States and even future FIRs “overambitious and illegal” –...