Criminal Law – Dowry Death – Cancellation of Bail – Respondent No. 1 (husband) accused of poisoning wife within four months of marriage after dowry harassment – Post-mortem showed ante-mortem abrasion and FSL confirmed aluminium phosphide poisoning – Dying declaration made to family members disclosed forcible administration of toxic substance – Held: High Court ...
Criminal Law – Quashing of FIR – Section 528 BNSS – Scope of Judicial Interference – Petition sought quashing of FIR alleging that the petitioner, as Channel Head of Zee Rajasthan, extorted money and threatened vendors with adverse news coverage – Held: Allegations in FIR prima facie disclose cognizable offences – Court cannot evaluate evidence or conduct a &ldq...
Criminal Law – Quashing under Section 482 CrPC – Economic Offences – Bank Fraud – PC Act – One-time Settlement – Held: High Court erred in quashing FIR and chargesheet solely on settlement; grave financial fraud, fabrication of documents, loss to public exchequer, and involvement of bank manager under PC Act make quashing impermissible – Proceedings restor...
Criminal Law – Murder – Acquittal – Appellants convicted for murder and other offences based on evidence of injured witnesses (P.W.1, P.W.2) and others – Trial Court sentenced A1 under Section 302 IPC and A3 to A5 under 302 r/w 149 IPC – On appeal, High Court found inconsistencies in time of occurrence, contradictions in medical and eyewitness testimonies, and suppres...
Criminal Law – Bail – Cancellation and Modification – Judicial Discipline – Finality of Orders – Appellant (accused in a murder case) sought modification of condition restricting him to city limits of Kolkata – Co-applicant sought cancellation of his bail alleging intimidation of witnesses and political interference – Court held that no breach of bail term...
Criminal Law – Prevention of Corruption – Bribe Demand and Acceptance – Accused public servant allegedly demanded ₹1500 from complainant to release subsidy amount of ₹3000 – Trap conducted by ACB – Accused caught with tainted currency – However, Demand Draft for subsidy not found tainted – Evidence showed that DD was handed over before any contact with...
Criminal Law – Cognizance on Protest Petition – Procedure – Petitioner summoned under Sections 409, 420, 465, 468, 471 and 120-B IPC after police filed a cancellation report and departmental inquiry found no wrongdoing – Magistrate took cognizance solely on protest petition without directing preliminary evidence – Case was incorrectly treated as instituted on a police...
Criminal Law – NDPS Act – Bail – Commercial Quantity – Confessional Statements under Section 67 – Petitioner accused of being recipient of large consignment of drugs intercepted by NCB – Bail initially denied during investigation – Post-filing of complaint, petitioner seeks bail citing lack of admissible evidence – Prosecution relies on statements re...
Prevention of Corruption Act – Demand and Acceptance – Trap Case – Acquittal Upheld – Accused government servant alleged to have demanded ₹2000 as bribe for effecting mutation entry – Complainant approached ACB, trap laid, and accused caught with tainted money – Trial court acquitted the accused on ground that demand was not proved – Held: Mere inquiry &...
Anticipatory Bail – SC/ST Act – Matrimonial Dispute – Accused sought pre-arrest bail in a case involving alleged caste-based verbal abuse and assault of wife by husband and co-accused – Complainant had protection order under Domestic Violence Act – No prima facie material found to indicate grievous injury or fracture – Allegations under SC/ST Act held to be vagu...