498-A IPC—Quashing under S. 482 CrPC—FIR lodged a month after foreign divorce and despite prior Austrian custody-return directions—allegations do not disclose ingredients of ‘cruelty’—Bhajan Lal parameter 7 attracted—FIR and HC order quashed.
Quashing of FIR – Section 482 CrPC – Prima facie standard and non-mechanical approach – Though...
Homicide – Murder vs. Culpable Homicide – Sections 302 & 304 Part I IPC – Conviction Modified – Appellant convicted under Section 302 IPC for killing his brother-in-law – Evidence showed prior incidents of harassment of appellant’s sister and parents by the deceased – On the day of incident, deceased allegedly attempted to assault appellant with stone ...
Criminal Law – Murder and Kidnapping – Acquittal – Accused (A-1) convicted under Sections 302, 364, and 201 IPC for allegedly abducting and murdering an auto driver – Trial Court and High Court found him guilty based on circumstantial evidence and hostile witness statements – Supreme Court finds no reliable evidence to prove kidnapping or last seen theory – Both...
Quashing Petition – Further investigation, Article 20(3) protection, and Section 8 PC Act – Petition dismissed – Court upholds validity of supplementary challan, rejects self-incrimination plea, and holds Section 8 PC Act applicable to private person.
Criminal Procedure – Further investigation vs. reinvestigation – Sections 173(2) & 173(8) CrPC – Quashmen...
Criminal Law - Possession Dispute – Section 145 CrPC – Magistrate’s Order Restored – Dispute over possession of land between developer and private parties – Magistrate, relying on documents and overt acts, held applicants were in settled possession as on 22.04.2017 and unlawfully dispossessed by police action – Sessions Court set aside order applying strict evid...
Loan Fraud – Discharge Petitions – Criminal Conspiracy and Abuse of Official Position – Discharge Rejected – Prima facie material supports framing of charges under IPC and Prevention of Corruption Act [Paras 5-7, 14-16, 21-22, 33-35].
Discharge Petition – Criminal Conspiracy – Bank Loan Fraud – Section 13(1)(d) of Prevention of Corruption Act – Di...
Theft – Conviction under Section 379 IPC – Sentence Modified – Petitioner, a woman and first-time offender, convicted of theft of a gold chain using a blade in a public hospital – Trial Court sentenced her to six months’ simple imprisonment – Conviction upheld by appellate court – In revision, High Court upheld conviction but modified sentence under Sectio...
Criminal Law – Attempt to Murder and Robbery – Conviction Modified and Sentence Reduced – Appellant convicted in 2002 for stabbing complainant Raj Kumar and robbing ₹9,200/- with accomplices – Trial court imposed 7 years RI under Sections 307/34 and 392/397/34 IPC – On appeal, High Court upheld conviction under Section 307 IPC, but altered conviction from 392/397 IP...
Maintenance under Section 125 Cr.P.C. – Right of Adult Children – Major Son Entitled till Majority Only – Major Daughter Not Covered – Petitioners sought enhancement of maintenance from their father – Family Court rejected claim citing their majority status – Held: As per Section 125 Cr.P.C., a child is entitled to maintenance only till majority unless physicall...
Criminal Law - Sections 7 and 13(1)(d) of the Prevention of Corruption Act – Demand and Acceptance of Illegal Gratification – Proof Essential – Conviction Set Aside – Accused, then Secretary of Alagappanagar Grama Panchayat, was convicted for accepting ₹250 as bribe in trap proceedings – Complainant (PW2) turned hostile, denying demand and acceptance – Other w...