Eyewitness Testimony - Credibility - Inconsistencies in testimony - Testimony contradicted by other witnesses - Doubts raised on the presence of eyewitness at the scene of the crime. (Para 7)
Extra-judicial Confession - Newspaper Report - Hearsay Evidence - Newspaper reports not considered primary evidence - Extra-judicial confession based on newspaper report deemed unreliable - Benefit of doub...
Indian Penal Code (IPC) - Sections 302 and 304 - Armed Forces Tribunal Act, 2007 - Section 30 - Army Act, 1950 - Section 69 - Appellant, an Indian Army Lance Naik, convicted under IPC Section 302 and Army Act Section 69 - Appeal against conviction and sentence - Incident involved a sudden altercation over seniority, leading to the appellant firing one fatal bullet from the deceased's rifle - A...
Criminal Misc. Writ Petition – Quashing of Orders – Jurisdiction of High Court – Writ petition filed praying for the quashing of orders dated 31.3.2022 passed by the Commissioner Vindhyachal Division and 3.1.2022 passed by Additional District Magistrate (Finance and Revenue), Bhadohi, along with a notice dated 22.6.2020, under U.P. Control of Goondas Act, 1970 (para 1).
Requir...
Criminal Procedure Code, 1973 - Section 200, 202(1), 203 - Indian Penal Code, 1860 - Sections 323, 342, 500, 504, 506, 295-A, 298, 427 - Dismissal of Complaint without Proper Inquiry - Remand by High Court for Section 202(1) Inquiry - Validity. (Para 4-5)
The learned Magistrate dismissed the complaint under Section 203 of the Cr.P.C. without conducting a proper inquiry mandated by Section 202(1...
Criminal Appeals – Murder – Acquittal - Conviction under Sections 302/149 of the IPC – Multiple appellants accused of offenses – Issues raised regarding the establishment of the place of occurrence, presence of witnesses, identification of accused, non-examination of Investigating Officer, and delay in lodging FIR – Inconsistencies and contradictions in prosecution wi...
Anticipatory Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15, 18, 20, 21, and 22 - False FIR - Malicious intent - Lack of supporting evidence - Petitioner's history of fabricated cases - Secret information provided to the police - Petitioner's house found locked, no incriminating substances recovered - Grant of Anticipatory Bail under Section 438 of Cr.P.C - Petit...
Criminal Revision Application – Challenging the order of Additional District & Sessions Judge (1st Court) – Prayer for further investigation after the charge sheet was filed – Examination of the scope of power to order further investigation. [Para 1]
Importance of Fair Investigation – Citing the case of Romila Thapar v. Union of India – Emphasizing fa...
Criminal Procedure – Passport Impounding – Jurisdiction of Police and Passport Authority – The power to impound a passport lies with the Passport Authority under the Passports Act, 1967, and not with the police. Even if the police seize a passport under Section 102 of Cr.P.C., they cannot withhold it and must forward it to the Passport Authority for their decision on impounding. ...
Arms Act, 1959 - Section 13 - Application for Arms License - Rejection - Challenge by way of Writ Petition - Petitioner, a businessman, sought an arms license for self-protection and carrying cash related to his business - Application rejected based on a police report that did not recommend granting the license for self-protection - Petitioner contended lack of proper application of mind in the im...
Bail application under Section 439 of CrPC read with Section 37 of the NDPS Act – Applicant seeks regular bail in a Sessions Case pending before the Special Judge (NDPS), Patiala House, New Delhi – Allegations involve trafficking of contraband – Applicant’s identity allegedly misused by co-accused – Statements, mobile phone messages, and seizure of contraband form the...