Criminal Procedure – Quashing of FIR – Maintainability under Section 528 BNSS – Chargesheet and Cognizance Not on Record – Application Not Maintainable – Applicant sought quashing of FIR registered under Sections 420, 467, 468, and 471 IPC without placing the chargesheet or order of cognizance on record – Held: In absence of both, the application under Section 5...
Criminal Law – Anticipatory Bail – Complaint under Drugs and Cosmetics Act – Petitioner apprehending arrest in complaint for unauthorized sale of nicotine-based e-cigarettes without valid license – Prosecution opposed maintainability citing proclamation proceedings under Section 82 CrPC – Held: Petition maintainable under Section 482 BNSS as petitioner had challenged ...
Criminal Writ - Habeas Corpus - Preventive Detention – Live and Proximate Link – Delay Vitiates Detention – Alleged occurrence on 11.06.2025; arrest on 22.06.2025; detention order on 21.07.2025 – State failed to satisfactorily explain delay – Mere calendrical narration in affidavit insufficient – Applying Anand Prakash (AIR 1990 SC 516) and Sushanta Kumar Bainik...
Criminal Law – Bail - Rape Allegation – Consent – Breach of Promise to Marry – Petitioner accused of offences under Sections 69 and 75(1) r/w 3(5) of BNS for allegedly refusing to marry the victim after a consensual relationship – Relationship between petitioner and respondent lasted over three years – Victim lodged complaint only after petitioner refused marria...
Criminal Law – Withdrawal of Prosecution – Permission from High Court Mandatory – Appellant, a former MLA, challenged criminal proceedings arising from FIRs under Arms Act and IPC – State had issued orders to withdraw cases citing public interest, and Public Prosecutor filed withdrawal application before trial court – Held: As per Ashwini Kumar Upadhyay v. Union of In...
Criminal Law - CrPC – MPDVPK Act – Jurisdiction – Cognizance – Magistrate's power under Section 156(3) CrPC – Offences under Section 394 IPC and Sections 11/13 MPDVPK Act being “specified offences” – Only Special Court competent to take cognizance under Section 8 of MPDVPK Act – Magistrate not empowered to direct registration of FIR for spe...
Criminal Law – Robbery – Conviction under Section 397 IPC – Reversed – Appellant convicted for robbery and stabbing under Sections 394/34 and 397 IPC – Trial court sentenced him to concurrent imprisonment of 3 years and 7 years – Complainant identified appellant at police station, but no Test Identification Parade (TIP) was conducted – Held: Dock identific...
Criminal Law – Murder - Appeal Against Acquittal – Interference – Principles – High Court reiterates that interference is permissible only when findings are perverse, based on misreading of evidence, or when only one view (guilt) is possible – Double presumption of innocence applies – Trial court’s findings found sound and not perverse [Paras 16–20, ...
Criminal Law – Appeal Against Acquittal – Unlawful Assembly – Assault – Cross-FIR – Evidence of complainant and injured witnesses found to be partisan, contradictory, and inconsistent with their police statements which admitted mutual fight and injuries on opposite side – Suppression of fatal injuries on accused’s father (deceased Ganpatsinh) in cross-case...
NDPS Act – Bail – Disclosure Statement of Co-Accused – Weak Evidentiary Value – Petitioner implicated only based on co-accused’s disclosure; no recovery from petitioner; Court holds disclosure statement without corroboration cannot be sole basis for implication; evidentiary value to be tested at trial – Raises serious doubts regarding fairness of investigation [...