Criminal Law – Section 156(3) CrPC – Cognizability of Offence – Complaint by husband alleging forgery by wife and father-in-law in complaint submitted to police – Magistrate dismissed complaint holding no cognizable offence made out and permitted recourse under Section 202 CrPC – Revisional Court remanded matter for fresh consideration – Held: Complaint did not ...
Criminal Law – Bail – Parity – Scope and Limit – Grant of bail to accused Rajveer on the sole ground of parity with co-accused Suresh Pal – High Court failed to assess role, gravity, or impact of offence – Supreme Court reiterates that parity must be grounded in similarity of role, not just involvement in same offence – Held: Grant of bail solely on parity...
Criminal Law – Counterfeit Currency – Interpretation of Section 489B IPC – Possession vs. Trafficking – Mens Rea – Reference Answered by Larger Bench – Where substantial amount of Fake Indian Currency Notes (FICNs) are recovered and the accused offers no explanation during examination under Section 313 CrPC, possession is not dormant but active – Use of ph...
Criminal Law – Forgery – Recruitment Fraud – Dual Identity – Conviction Upheld – Petitioner filled two online applications under different names (Balwinder Singh and Baljinder Singh) to appear twice in physical recruitment test for post of constable – First attempt on 27.07.2016 resulted in failure – Second attempt under false identity detected on 17.08.20...
Criminal Law – Cognizance – Non-speaking Order – Directors of Pharmaceutical Company – Accused persons including Directors of M/s Cadila Pharmaceuticals Ltd. and associated distributors challenged cognizance order for offences under Drugs and Cosmetics Act – Held: Order passed without assigning reasons or recording satisfaction – Magistrate failed to demonstrate...
Criminal Law – Section 156(3) Cr.P.C. – Direction to Register FIR – Commercial Dispute – Allegations Do Not Disclose Cognizable Offence – Magistrate’s Order Set Aside by Revisional Court – Upheld – Petitioners entered MoU for real estate investment; alleged misrepresentation and fraud by developers – Magistrate directed FIR registration under S...
Criminal Law – Quashing of FIR – BUDS Act – Large-scale investment fraud – FIR discloses cognizable offences – Civil dispute argument rejected – Section 27 BUDS Act not applicable to offences relating to Unregulated Deposit Schemes – Yellappa precedent applied – Held: Investigation must proceed; quashing refused – Petitions dismissed [Paras 8&n...
Criminal Law – Abetment of Suicide – Conviction under Section 306 IPC set aside – Trial court convicted appellants based on suicide note and testimonies alleging monetary harassment related to cricket betting – Suicide note recovered a day after incident under suspicious circumstances – Recovery witnesses admitted signatures were obtained at police station and not on-...
Unlawful Activities (Prevention) Act, 1967 – Section 43-D(5) – Bail – Prolonged Custody – Right to Speedy Trial – Article 21 – Appellant accused of aiding and abetting hoisting of “Khalistani” flag on D.C. Office, Moga, under influence of banned organization “Sikhs for Justice” – No recovery from appellant except mobile phone &ndash...
Negotiable Instruments Act – Suspension of Sentence – Condition of Deposit – Mandatory Nature – No Exception Made – Petitioner convicted under Section 138 NI Act sought suspension of sentence during pendency of appeal – Appellate court suspended sentence conditionally upon deposit of 20% of compensation amount – Petitioner challenged order citing financial...