Criminal Law – Quashing - Drugs and Cosmetics Act – Rule 45 – Mandatory Time Limit – Quashing of Prosecution – Criminal prosecution launched against manufacturer and its directors alleging manufacture of drug not of standard quality – Samples drawn on 12.07.2022 and sent to Government Analyst on 14.07.2022 – Analyst sought extension only on 01.11.2022, i.e...
Criminal Law – Quashing of FIR – Compromise Between Parties – Neighbourhood Dispute – FIR registered for offences under Sections 191(2), 115(2), 352, 351(3), 324(4) BNS, 2023 arising out of a minor altercation between neighbours – During investigation, parties entered into an amicable settlement – Accused approached High Court under Section 482 Cr.P.C. seeking q...
Criminal Law – Quashing - SC/ST (Prevention of Atrocities) Act, 1989 – Sections 3(1)(r) and 3(1)(s) – Essential ingredients – Quashing of proceedings – FIR alleged caste-related abuses by accused persons – No specific role or utterance attributed to the appellant – Mere presence at the spot insufficient – Held: In absence of intentional insult or abu...
Criminal Law - Preventive Detention – Detenue Already in Judicial Custody – Governing Principles – A person already in custody may be preventively detained only if three conditions are satisfied: (i) awareness of custody, (ii) cogent material showing real likelihood of release on bail in near future, and (iii) likelihood of indulging in prejudicial activities upon release –...
Prevention of Corruption Act, 1988 – Jurisdiction to Investigate – Central Government Employee – State Anti-Corruption Bureau – Question whether State ACB has authority to register FIR, investigate and file charge-sheet under the PC Act against a Central Government employee within the territorial jurisdiction of the State – Held: State ACB has jurisdiction to investig...
Criminal Law – Appeal Against Acquittal – Dowry Death – Interference by Appellate Court – State challenged acquittal of accused under Sections 498-A and 304-B IPC – Principles governing appeal against acquittal reiterated – Unless findings are perverse or wholly unreasonable, interference not warranted – Trial court’s view found plausible and support...
Criminal Law – Quashing – Section 528 BNSS – Scope – Applicants sought quashing of charge-sheet and proceedings for offences under Section 69 BNS and Sections 3/4 POCSO Act on plea of consensual relationship and false implication – High Court held that at the stage of consideration under Section 528 BNSS, only prima facie satisfaction is required and disputed question...
Prevention of Corruption Act – Registration of FIR – Preliminary Inquiry – Not Mandatory in Every Case – FIRs registered by Karnataka Lokayukta Police on directions of Superintendent of Police without conducting preliminary inquiry – High Court quashed FIRs holding action to be without jurisdiction – Held: Issue no longer res integra in view of judgment in State...
Criminal Procedure – Bail Jurisprudence – Continuing Mandamus – Nationwide Compliance Monitoring – Supreme Court examined compliance with its earlier directions issued in Satender Kumar Antil vs. CBI and subsequent orders dated 06.08.2024, 21.01.2025 and 15.10.2025 – Despite filing of addendum to compliance report by Amicus Curiae, several States, Union Territories, H...
Anticipatory Bail – Summoning under Section 319 CrPC – Effect of Closure Report Accepted by Court – Protection from Arrest by Supreme Court – Petitioner was named in FIR but Investigating Agency filed a Closure Report qua him – Closure Report accepted after notice to defacto-complainant and order attained finality – Petitioner was not sent for trial and charge-s...