Criminal Law – Quashing of FIR – Sections 21(1) and 21(2) of the BUDS Act - Digital Gold Business – Petitioners challenged FIR alleging that their business model involved sale of physical gold backed by bullion stored in third-party vaults and therefore did not constitute “deposit” under BUDS Act – State alleged that large sums were collected from the public thr...
Prevention of Corruption Act – Trap Case – Quashing under Section 482 CrPC – Accused added during investigation – Complaint lodged with Lokayuktha on 03.01.2019 alleging demand/acceptance of illegal gratification – Pre-trap mahazar drawn and trap laid on same day – Tainted currency seized from hands of Accused No.1 – Petitioner (PSI) not named in FIR but a...
Criminal Law – Section 319 Cr.P.C. – Summoning of Additional Accused – Abetment of Suicide – Dowry Harassment – Revision Allowed – Revisionists (father-in-law and step-mother-in-law of deceased) summoned under Section 306 IPC by the trial court invoking Section 319 Cr.P.C., despite being exonerated during investigation and a closure report being filed against th...
Anticipatory Bail – Allegation of Rape and Circulation of Intimate Images – Applicant alleged to have forcibly had sexual intercourse with victim and later recorded and shared her nude videos – FIS revealed subsequent consensual relationship and victim’s earlier statement before Magistrate in missing case that she accompanied applicant voluntarily – Applicant married ...
Qalandra under Section 66 of the Punjab Police Act, 2007 quashed for violation of Section 195 Cr.P.C. – SHO not competent to file complaint when original representations were addressed to Commissioner of Police – DGP Punjab directed to institutionalise sensitisation programme for police officials on compliance with Section 195 Cr.P.C./Section 215 BNSS.
“When The Whistle-Blower...
Criminal Law – Bail – Implementation of Bail Orders – Wrongful Custody – Duty of Court Staff – Typographical Omission of One Section Not Ground to Withhold Bail Papers – Applicant granted bail by this Court in CRA No.1782 of 2026 vide order dated 19.02.2026 – Bail papers furnished on 20.02.2026 but Criminal Reader of the Special Judge's Court refused t...
Look Out Circular – Nature and Scope – Coercive Measure – LOC is a coercive measure intended to secure presence of an accused who is deliberately evading arrest or judicial process and where there is likelihood of fleeing the country – Mere pendency of investigation or seriousness of allegations is not sufficient to justify continuation of LOC [Paras 44–45].
Crimin...
Summoning order under Section 138 NI Act quashed for non-compliance of mandatory proviso to Section 202 Cr.P.C. – Accused residing in District Nainital summoned by Magistrate at Khatima, District Udham Singh Nagar without conducting any enquiry or investigation – Respondent’s liberty to pursue remedy afresh in accordance with law preserved.
“Summoning Without Safeguards&...
POCSO Act – Age of Victim – Secondary Evidence – Inadmissible – Fatal Error by Trial Court – Acquittal – Prosecution relied on xerox copies of Birth Certificate (Ex.P.3) and Transfer Certificate (Ex.P.4) to prove victim's age as 16 years – Victim (PW1) categorically admitted originals were available – No justification offered for non-production o...
Bail – Economic Offences – AP Liquor Scam – Rs.3,500 Crore – Sections 409, 420, 120-B IPC and Prevention of Corruption Act, 1988 – Accused Nos.8, 35 and 36 sought regular bail in connection with alleged large-scale irregularities in Andhra Pradesh excise policy and APSBCL functioning – Accused No.8 alleged to be an Operations Commander managing kickback collecti...