Criminal Law – Sections 406 & 420 IPC – Failure to perform contract – Civil breach dressed up as criminal case – FIR after 8 years held mala fide – Quashed under Bhajan Lal.
Criminal Law – Cheating and Criminal Breach of Trust – Quashment – Dispute arose out of a sale agreement executed in 2013 for property transfer – Complainant paid â‚...
Capsule – Section 498A IPC/Dowry Act – Omnibus allegations – Bhajan Lal applied – FIR vague, lacking specifics – Criminal proceedings quashed against brother-in-law – Parties free to pursue other remedies.
Section 498A IPC/Dowry Act – Quashing – Omnibus allegations – Allegations in FIR against brother-in-law vague and lacking time, place, or...
Section 482 Cr.P.C. – Quashing – Bhajan Lal applied – Civil loan/cheque dispute dressed up as cheating/forgery – Multiple retaliatory FIRs – Proceedings quashed – Parties relegated to civil remedies.
Section 482 Cr.P.C. – Quashing – Bhajan Lal principles – Civil dispute given criminal colour – Proceedings Quashed – Allegations pe...
Criminal Law – Dismissal for Default – Acquittal – Petitioner filed complaint under Sections 500, 195, 120B IPC against a developer alleging defamation and conspiracy – Complaint was dismissed for default on 22.07.2024 after petitioner failed to appear due to confusion in reading the next date as 07.08.2024 instead of 07.03.2024 from cause list – Application for resto...
NDPS Act – Possession of 1 Kg Opium – Section 18 – Sentence Modified – Conviction affirmed – Appellant convicted in 2011 for offence under S.18 NDPS Act, sentenced to 2 years R.I. and ₹10,000 fine – Having already undergone over 3 months’ custody and trial prolonged for 21 years, High Court reduced sentence to period already undergone while enhancing fin...
Criminal Revision – Further Investigation – BNSS Ss. 438 & 442 – Petition Allowed – Petitioner, also victim of ₹50,000 job fraud, challenged Magistrate’s refusal to order further investigation despite final report (FRT) filed – Held: Magistrate retains discretion under S.173(8) CrPC to direct further probe at any stage before trial; impugned order set asid...
Bail Jurisprudence – Cancellation vs. Revocation – Bail Restored – Supreme Court set aside High Court’s order revoking bail granted to accused in murder case – Held: Bail once granted can only be revoked if found illegal, perverse, or against settled legal principles – No proven violation of bail conditions – Liberty restored with stringent conditions [Par...
Murder – Circumstantial Evidence – IPC S.302; Evidence Act S.106 – Wife killed in matrimonial home; deceased’s blood on accused’s shirt; prior ill-treatment proved – No explanation by accused – Conviction upheld; sentence of “life for remainder of natural life” modified to simple life imprisonment with fine.
Murder – Circumstantial Evi...
Habeas Corpus – Missing Woman – Systemic Safeguards – Detenue untraced since Dec 2023 – Court reviews statutory provisions, government circulars, and judicial precedents – Held: FIR mandatory; proactive investigation within first 24 hours crucial; every missing woman/child case to be presumed trafficking/abduction unless proved otherwise – Petition disposed with...
Criminal Complaint – Sections 156(3) and 202 Cr.P.C – Magistrate’s Discretion – Allegations of assault/intimidation arising from civil road dispute – Magistrate opted to hold enquiry under Section 202 instead of police investigation under Section 156(3) – Held: Magistrate’s discretion proper; no inevitable requirement for police investigation; Article 227 ...