Criminal Complaint – Quashing under Section 482 Cr.P.C. – Petitioners challenged the summoning order by the Trial Court, claiming lack of essential ingredients of the alleged offences – Cited Supreme Court precedents on the necessity of reasoned orders for summoning – Court observed complaint lacked specific allegations and appeared motivated by personal vendetta – Co...
Criminal Law - SC/ST (Prevention of Atrocities) Act, 1989 – Section 3(1)(r) – Proof of Victim's Caste – Sine Qua Non – Appellants convicted under Section 3(1)(r) for allegedly abusing complainant knowing him to belong to Harijan/Scheduled Caste community – Prosecution relied on a temporary, undated caste certificate (Ex. P/2) issued by Tahsildar – Held: Tahs...
Maintenance — Minor Child — Section 125 CrPC — Both Parents in Government Service — Father's Obligation Absolute — Interim Maintenance of ₹8,000/- Per Month Upheld — Revisionist-father serving in CRPF challenged the order of Family Court awarding interim maintenance of ₹8,000/- per month to the minor daughter on the ground that the mother is also employe...
Criminal Law – Arrest – Grounds of Arrest – Mandatory Supply in Writing Two Hours Prior to Remand – Sections 109(1), 190, 191(3) BNS – Petitioners arrested on 03.02.2026 in connection with firing inside court premises – First arrest declared illegal for non-supply of written grounds before remand – Grounds supplied during hearing of first remand applicatio...
Maintenance – Section 12 DV Act – Presumption of Legitimacy – Section 112 IEA – DNA Test – Child's Maintenance Denied – Appellant-mother, employed as domestic help, married the respondent on 2nd March 2016; child born 1st April 2016 – Respondent sought DNA test to establish paternity; report dated 8th May 2017 concluded respondent is not the biological...
Criminal Law — Murder — Transfer of Malice — Section 301 IPC — Doctrine of Transmigration of Motive — Bail Pending Appeal Rejected — Appellant convicted under Sections 302, 307, 506(2) IPC and 3/25 Arms Act for shooting dead Shakir, who was a bystander, while intending to shoot the informant — Appellant's plea that offence cannot travel beyond Section ...
Criminal Law – Cheating and Criminal Breach of Trust – Section 406/420/120B IPC – Quashing of Complaint – Scope of Section 482 Cr.P.C. – Opposite party/complainant alleged that petitioners induced supply of electrical goods worth Rs. 11,15,297/- by misrepresentation and thereafter denied the transaction refusing payment – Petitioners sought quashing contending a...
Criminal Law – Attempt to Murder vs. Grievous Hurt – Sections 307 and 325 IPC – Conviction – Accused stabbed complainant PW-1 in the abdomen and PW-2 (son of complainant) on the neck and abdomen with a knife during a sudden quarrel over sprinkling of water – Trial Court convicted accused under Section 325 IPC and not Section 307 IPC on the ground that weapon was not r...
Criminal Law - Contempt of Courts – Suo Motu Cognizance – Advocate's Press Conference – Allegations Against Sitting Judge – Appeals Dismissed – Appellant-advocate held a press conference making insinuations and casting aspersions against a sitting Judge of the Bombay High Court, alleging her disqualification from hearing a matter on the ground that her sister was ...
Judicial Recusal — Apprehension of Bias — Delhi Excise Policy Case — Applications Dismissed — Six discharged accused persons sought recusal of the presiding Judge from hearing CBI's criminal revision petition challenging their discharge order passed by the Trial Court — Applicants submitted that the order dated 09.03.2026, which recorded prima facie observations a...