Mental Health – Competence to Stand Trial – Petitioner, suffering from paranoid schizophrenia with 95% mental disability, found unfit to stand trial – Multiple medical reports and testimonies confirm severe mental disorder – Court directs postponement of trial against the petitioner and continuation against co-accused – Emphasis on provisions under Sections 328, 329, ...
Negotiable Instruments Act – Compounding of Offence – Petitioners sought to compound the offence under Section 138 of the N.I. Act – Application dismissed by the appellate court due to lack of consent from the complainant – Court emphasized that consent of the complainant is essential for compounding under Section 147 of the N.I. Act – Distinguished from the Supreme C...
Seized Vehicles – Return Pending Trial – Petitioner, the registered owner of the vehicle No. WB 32J-4623, challenged the rejection of his request for the vehicle’s return, seized for allegedly transporting commercial quantities of ganja – High Court examined precedents and legal provisions regarding interim custody of seized vehicles – Held that seized vehicles may be...
Domestic Violence – Proceedings under Section 12 of D.V. Act challenged – Petitioner claims respondent already receiving maintenance from salary and under Section 125 Cr.P.C – Magistrate issued notice for response, no interim monetary compensation ordered – Legal position on scope of notice under Section 12 clarified by Supreme Court – Petition dismissed, premature ch...
Bail – Criminal Law – Bail Jurisprudence – Petitioners accused of offences under Sections 420, 406, and 120-B IPC, sought bail under Section 439 Cr.P.C. Contended that offences are triable by a Court of Magistrate, no case made out against them, and their incarceration is unwarranted. Argued that co-accused had already been granted bail and petitioners' cases are not distingu...
Criminal Procedure – Registration of FIR – Complaint Handling Post Cognizance – Petitioner challenged the order directing registration of FIR under Section 156(3) Cr.P.C. after the Magistrate recorded the complainant’s statement under Section 200 Cr.P.C. – Held that once cognizance was taken by recording the statement, the Magistrate could not issue directions for FIR...
Criminal Procedure – Bail Application – Petitioners filed third bail applications under Section 439 Cr.P.C. – Previously rejected twice – Argument that no prima facie case against petitioners based solely on co-accused’s confessional statement during police custody – Confession not falling within the ambit of Section 27 of Indian Evidence Act as no discovery of ...
Negotiable Instruments – Section 138 – Quashing of Complaints – Grounds for Quashing – Petitioner contended that the complaints should be quashed due to the absence of partnership deed and authorization, and lack of requisite license under the Money Lenders and Accredited Loan Providers Act – High Court held that authorization and partnership deed issues should be exa...
Bail Application – NDPS Act – Second bail application filed after chargesheet submission – First bail application dismissed with liberty to reapply post chargesheet – Alleged false implication and fabrication of evidence by police – CCTV footage and purchase bills not considered by Investigating Officer – Fair investigation not conducted – Bail granted wit...
Bail Application – Grounds of Parity – Petitioner Jagdish @ Jamabaram seeks bail citing the bail granted to co-accused Karna Ram – Petitioner in judicial custody since 21.01.2021 – Trial likely to be prolonged – High Court finds petitioner's case not distinguishable from co-accused, extends bail on grounds of parity and prolonged incarceration [Paras 1-6].
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