Bail Appeal – Group Assault – Sections 118, 117 of BNS and SC/ST Act – Bail Granted – The appellant challenged rejection of bail under multiple sections of BNS, 2023 and SC/ST Act alleging injuries inflicted during an altercation – The High Court observed no specific role was initially attributed to the appellant and the parties had since entered into a compromise &nd...
Writ of Mandamus – Section 67B of the Information Technology Act - Child Pornography Allegation – Teaser of Movie "Bad Girl" on YouTube – Direction Issued for Removal – Petitioners alleged that the teaser of a Tamil film hosted on YouTube contains child pornographic and obscene content in violation of child protection laws – Despite filing complaints with re...
NDPS Act – Successive Bail – No Change in Circumstances – Application Dismissed – The applicant moved a second regular bail application under Section 483 BNSS – The court found no change in circumstances since rejection of prior bail – Held: Successive bail not maintainable in absence of fresh grounds; rejection sustained [Paras 1.0, 6.0, 10.0].
NDPS Act &nda...
Criminal Law – Criminal Review Jurisdiction –Abuse of Investigative Process – Review Jurisdiction – Interference by High Court – Appellant challenged the Division Bench’s order dated 13th May, 2025, passed on review petitions that were filed against the dismissal of writ appeals – Despite earlier finding no ground for review on 8th May, 2025, the Division ...
Second Regular Bail – Sections 307, 324, 323, 506, and 34 of the IPC - Extended Custody and Near Completion of Trial – Bail Granted – The petitioner, accused of attempted murder in a familial dispute, sought bail after over three years in custody – The Court found the prosecution evidence nearly concluded, with only one witness left, reducing risk of tampering – Held:...
Criminal Law - Section 193, 406, 418, 420, 423, 468, 469 of IPC - Criminal Complaint – Second Quashing Petition – Not Maintainable – Review Impermissible – The High Court allowed a second quashing petition under Section 482 CrPC, despite an earlier petition on identical grounds having been dismissed – Held: Raising previously available pleas in a second peti...
Criminal Law - Sections 342 and 376 IPC - Conviction for Rape and Wrongful Confinement – Delay in FIR – Explanation Satisfactory – Conviction Upheld – FIR lodged after 20 hours due to young age of victim and long distance to police station – Victim’s statement consistent and corroborated by medical and documentary evidence – Held: Delay not fatal – C...
Criminal Taxation Law - Habeas Corpus – Illegal Detention – Arrest Declared Illegal – Constitutional Safeguards Violated – In a petition under Article 226 seeking release of the detenue, the Court found that the Directorate General of GST Intelligence officials had kept the detenue in custody for over 30 hours without presenting him before a Magistrate and without serving g...
Criminal Law - Quashing of Criminal Proceedings – Inherent Powers under Section 482 CrPC – Alternative Remedy Available – The applicant sought quashing of proceedings under Section 406 IPC – Held: In view of recent Supreme Court decisions, inherent jurisdiction should not be exercised when efficacious statutory remedy exists – Application under Section 482 CrPC not ma...
Criminal Revision – Conviction under Arms Act – Acquittal Ordered – Petitioner was convicted under Sections 25(1-B)(a) and 26 of the Arms Act for alleged illegal possession of a country-made pistol and cartridges – Trial Court and Appellate Court upheld the conviction – High Court on revision found discrepancies in recovery location and nature of ammunition – He...