Abuse of Process of Law – Misuse of legal proceedings to achieve something for which no cause exists – Unjust continuation or initiation of criminal prosecution – Abuse of process amounts to unfairness and injustice to the complainant or prosecution – Examination of facts and circumstances in each case. (Para 110-112)
Fair Trial – Adjudicative functions o...
CRIMINAL PROCEDURE CODE, 1973 - Section 439 – Regular Bail – Second bail application – Petitioner seeking regular bail in relation to FIR No. 312 dated 27th July 2016, registered under various sections of the Indian Penal Code, 1860 – Earlier bail application dismissed as withdrawn – Petitioner claiming parity with co-accused who was granted regular bail – Court...
Criminal Revision – Conviction under Sections 323 and 325 IPC – Challenge to judgment and order of Trial Court upheld by Appellate Court – Examination of objections related to unavailability of carbon copy of General Diary (G.D.) and discrepancy in time of occurrence – Adequate satisfaction by Trial Court – Admissibility and credibility of prosecution’s case aff...
Criminal Procedure - Anticipatory Bail - Allegations of involvement in an examination scam - Cyber-thugs hacking into the examination center to solve question papers remotely - Petitioner accused of running the center and facilitating fraudulent activities - Sections 420, 465, 438, 471, 120-B, 409 IPC 1860, and Section 66-D of Information Technology (Amendment) Act 2008 invoked - Petitioner seekin...
Criminal Law – Bail – Petitioner charged under NDPS Act for possession of intoxicant tablets – Seeking bail under Section 439 CrPC – Petitioner in custody for over 2 years and 7 months – No criminal antecedents – Co-accused already granted bail – Willing to comply with stringent conditions – State opposes bail due to the commercial quantity of contra...
Suo Moto Cancellation of Bail– Alleged Sexual Assault on Children – Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Grant of Bail to Accused Yumken Bagra, Hostel Warden of Government Residential School – Sexual Assault on 21 Children (15 girls and 6 boys) Aged 6 to 12 years between 2019 to 2022 – Offences under Sections 10/12/14(1)/15(1)/2 of POCSO...
Section 302 IPC - Appeal against conviction – Murder – Evidence based on circumstantial and hearsay evidence – Failure to establish motive – Inconsistent testimony of witnesses – Medical evidence not supporting prosecution’s case – Possibility of false implication – Acquittal ordered. [Para 37]
Eye-witness testimony – No direct evidence of t...
Criminal Law – Distinction between Culpable Homicide and Murder – Elements of Intention and Knowledge – Determination of Guilty Intention – Single Injury Resulting in Death – Inference of Guilty Knowledge – Application of Statutory Exceptions – Assessment of Factual Circumstances – Intent to Cause Bodily Injury Likely to Cause Death – Inference...
Criminal Procedure - Benefit of Probation - Appellants convicted under Sections 323 IPC and Section 323/34 IPC - Appeal against conviction and sentence - Appellants do not press appeal against conviction - Prayer for granting the benefit of probation under Sections 360 and 361 Cr.P.C. - Court's consideration of the plea of probation. (Para 3)
Sections 360 and 361 of Cr.P.C. - Appl...
Criminal Procedure - Regular Bail Application - Narcotic Drugs and Psychotropic Substances Act - Section 439 Cr.P.C - Petitioner seeks regular bail in a case registered under Sections 21 and 22 of the NDPS Act (Section 29 NDPS Act added later) - Alleged recovery of contraband from co-accused (petitioner's husband) - Petitioner's custody for 7 months and 8 days - Petitioner's contention...