Medical Evidence Contradicting Ocular Timeline Of Assault Renders Prosecution Case Doubtful: Supreme Court Acquits In Murder Case Delayed FIR Transmission To Magistrate Coupled With Unnatural Conduct Of Witnesses Creates Doubt Of 'Post-Investigation' Fabrication: Supreme Court Acquits Murder Accused Right To Apply For Probate Is A Continuous Right; Limitation Commences From Hostile Act, Not Testator's Death: Supreme Court Appellate Courts Should Be 'Friend, Philosopher & Guide' To Subordinate Judiciary; Avoid Disparaging Remarks Against Trial Judges: Supreme Court First Appellate Court Cannot Overturn Trial Court Findings Without Recording Reasoned Evaluation Of Evidence: Supreme Court Failure To Send Recovered Weapon For FSL Examination & Verify Workability Fatal To Conviction Under Section 25 Arms Act: Allahabad High Court Registration Of FIR Against Doctor Following His Writ Petition Against Police Harassment Suggests 'Counter-Blast': Andhra Pradesh High Court Grants Pre-Arrest Bail Senior Citizen’s Financial Status Irrelevant For Declaring Gift Deed Void Under Maintenance Act If Transferee Fails To Provide Basic Amenities: Bombay High Court Magistrate Has No Power To Direct 'Re-Investigation' After Filing Of Police Report, Can Only Order 'Further Investigation': Calcutta High Court Specific Performance Can Be Denied If Buyer’s Misuse Of Property Prevents Seller From Fulfilling Statutory Obligations: Delhi High Court Magistrate Exercising Power Under Section 14 SARFAESI Act Performs Ministerial Act, Cannot Adjudicate On NPA Classification Merits: Gujarat High Court Drugs & Cosmetics Act | Prosecution For 'Not Of Standard Quality' Drugs Must Be Filed Before Expiry Of Shelf Life To Protect Accused's Right To Re-Analysis: Himachal Pradesh High Court Trial Court Cannot Reject Plaint Under Order 7 Rule 11 Without Deciding Pending Amendment Application: Madhya Pradesh High Court Acts Intended To Outrage Modesty Don't Amount To Attempted Rape Without Overt Act Unequivocally Constituting Rape: Patna High Court Acquits Man Admission Of Signatures On Agreement To Sell Shifts Burden To Defendant To Disprove Receipt Of Earnest Money: Punjab & Haryana HC Section 138 NI Act | Director Seeking Quashing On Plea Of Resignation Must Furnish 'Sterling Incontrovertible' Evidence: Punjab & Haryana HC

"CRIMINAL LAW" Digest

Criminal Law - Murder - Indian Penal Code 1860 - Sections 302 and 34 - Appellants Premnarayan and Parmanand were convicted for the murder of Jamuna Prasad Patel - Prosecution case rested on the last seen theory and recovery of a 6-7 kg stone at the instance of accused - High Court found that the medical officer PW-16 did not provide a clear finding on whether the death was homicidal or accidental ...

Criminal Law - Sentencing - Indian Penal Code 1860 - Sections 420 467 468 and 471 - Forgery and use of forged documents in judicial proceedings - Appellant convicted for producing forged revenue document for furnishing surety - Trial Court sentenced to five years rigorous imprisonment affirmed by High Court - Supreme Court considered mitigating factors including long passage of time since 2014 - a...

Criminal Law - Quashing of Proceedings - Code of Criminal Procedure 1973 - Sections 397 401 and 482 - Petitioner a pharmaceutical company in Indore supplied goods to opposite party distributor in West Bengal - Dispute arose over outstanding payments of approximately 47 lakhs - Petitioner initiated Section 138 NI Act proceedings in Indore - Opposite party filed counter-complaint in Calcutta allegin...

Criminal Law - Discharge - Prevention of Corruption Act 1988 - Sections 13(1)(d) and 13(2) - Indian Penal Code 1860 - Sections 120-B 420 468 and 471 - Applicants being directors of distillery companies were accused of conspiring with excise officials to evade taxes worth approximately Rs 340 crore during 2005-2010 through forged transport bills and bogus manufacture records - Applicants moved for ...

Criminal Law - Summoning of Witnesses - Code of Criminal Procedure 1973 - Section 311 - Reopening of pre-charge stage - Applicant filed a complaint against opposite parties under Sections 406 504 and 506 IPC - Statements recorded under Section 200 and 202 CrPC - Accused summoned in 2014 - Complainant's statement under Section 244 CrPC recorded in 2020 - Counsel for complainant made a specific ...

Criminal Law - Cheque Dishonour - Negotiable Instruments Act 1881 - Section 138 - Revision against conviction - Complainant advanced friendly loan of Rs. 1,50,000 and Rs. 2,20,000 for medical expenses of petitioner wife and newborn child - Cheque for Rs. 3,70,000 dishonoured for insufficient funds - Petitioner-accused claimed cheque was blank security document issued during employment at complaina...

Criminal Law - Bail Procedure - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 483(2) - Presence of informant - Preliminary objection raised by State that bail hearing cannot proceed without the presence of the informant or authorized person as per Section 483(2) BNSS - Court examined the interplay between Section 483(2) BNSS and Rules 4(13) and 4(15) of the POCSO Rules 2020 - Record indicated ...

Criminal Law - Issuance of Non-Bailable Warrant - Bharatiya Nagarik Suraksha Sanhita 2023 - Sections 528, 355 and 482 - Petitioner Trinath Guru was granted bail on 23.12.2025 and had furnished bail bonds - On 06.05.2026 the JMFC Lakhanpur issued NBWA against the petitioner for his absence after repeated calls despite service of summons - High Court observed that Section 355 BNSS confers wide discr...

Criminal Law - Extension of Remand - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 36A(4) - Independent Application of Mind by Public Prosecutor - Petitioner challenged order dated 05.05.2026 passed by X Additional District and Sessions Judge Anakapalli extending remand beyond 180 days - High Court found Public Prosecutor failed to file a valid report indicating independent satisfa...

Criminal Law - Cruelty and Dowry Harassment - Code of Criminal Procedure 1973 - Section 482 - Quashing of Proceedings - Applicants-in-laws challenged the charge-sheet and criminal proceedings for offences including Section 498A IPC and Dowry Prohibition Act - Complainant alleged she was subjected to cruelty for additional dowry of five lakhs and landed property - Allegations included physical assa...