Bail application under Section 439 CrPC – Petitioner charged under Section 21 of NDPS Act – Petitioner seeks bail on the ground that the quantity of contraband is less than commercial and rigours of S. 37 of NDPS Act do not apply – Criminal antecedents of petitioner – Court to consider role of accused, possibility of fleeing, and other circumstances – Previous crimina...
FIR quashing - Compromise between parties - Offences under Section 307 IPC and Arms Act - Family dispute - Heinous and serious offences - Habitual offender - Petitioners sought quashing of FIR based on compromise - Specific and grave allegations against the petitioners - Petitioner No.1 fired shots with intent to kill complainant - Recovery of fired cartridges - Held, offences under Section 307 IP...
Section 482 of Cr.P.C. – Quashing of FIR – Offense punishable under Section 304-A IPC – Allegations of negligence in arranging medical team during sports event leading to the death of the deceased – Direct or proximate cause of death – Absence of direct causal link – Petition allowed, FIR and subsequent criminal proceedings quashed against the petitioners. (Para...
Criminal Appeal – Conviction under Section 308 of IPC – Whether conviction sustainable – Appellant, conductor of a stage carriage bus, convicted for ringing the bell and causing the bus to start, resulting in a passenger falling and sustaining injuries – Accused No. 3 acquitted – Appellant’s contention that offence of attempt to commit culpable homicide not made...
POCSO Act – Aggravated penetrative sexual assault – Conviction and sentence – Appellant-accused was prosecuted for offences under Sections 377 and 506 of IPC and Sections 5 and 6 of the POCSO Act – Trial Court convicted appellant for all three offences and sentenced him accordingly – High Court modified conviction to penetrative sexual assault under Section 4 of the P...
Criminal Procedure – Quashing - Offense under Section 188 of the IPC – Registration of FIR and filing of final report under Section 173 of the Cr.P.C. – Necessity of written complaint from the concerned public servant – Mandatory provision of Section 195(1)(a) of the Cr.P.C. – Non-compliance vitiating prosecution and rendering trial void ab initio – Proceedings ...
Section 482 of the Code of Criminal Procedure, 1973 - Quashing of FIR - Principles governing quashing of FIRs - Exercise of power under Section 482 to prevent abuse of court's process or to secure ends of justice - Lack of precise and inflexible guidelines for exercise of power - Court not finding sufficient grounds to quash FIR at present stage - Case pending before trial court - Victim suppo...
Criminal Procedure Code, 1973 - Section 482 - Indian Penal Code, 1860 - Section 295-A - Quashing of FIR and proceedings - FIR registered against petitioners for allegedly portraying wrong image of Bhagwan Valmiki in the television serial "Ram Siya Ke Luv Kush" - Formation of committee to address grievances and suggest corrective measures - Undertaking by petitioners to comply with guidel...
Maintenance under Section 125 of Cr.P.C. – Revision petition challenging grant of maintenance – Dispute already settled by Family Court’s amendment to divorce decree – Finding of voluntary surrender of right to future maintenance – Impugned order erroneously disregarded the finding of the Family Court – Revision allowed. [Para 17]
2. Value of lump-sum payment...
Quashing of criminal proceedings - Jurisdiction of High Court under Section 482 of the CrPC - Principles to be considered - Exercise of power sparingly and with circumspection - Allegations must be patently absurd and inherently improbable for quashing – No meticulous examination of evidence at the stage of framing charges - Power to be used to prevent abuse of process and miscarriage of jus...