Anticipatory Bail - Petitions filed by two different individuals - Same FIR, arising out of the same occurrence - Allegations of obscene videos and objectionable photographs circulated on complainant's Instagram ID - Petitioners denied involvement in publishing or transmitting the material - Pre-registration inquiry indicated complainant's involvement in creating the video - Investigating ...
Criminal Procedure - Quashing of charges - Framing of charges under Section 506 IPC only - Petition filed under Section 482 of CrPC to set aside order framing charges - Allegations of trespass, threats, and theft - Co-ownership of property established - No exclusive possession by the petitioner - Insufficient evidence for charges under Sections 379 and 380 IPC - Prima facie case made out for charg...
Criminal Appeal jurisdiction of High Court - Powers under Articles 226 and 227 of the Constitution - Extent of jurisdiction - Whether High Court can go beyond considering the specific issue of granting or rejecting bail in a bail application - Court held that while the proper course of action for the High Court is to confine itself to the bail application, it can exercise its wide repertoire of po...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 21 - Conviction under - Appellant convicted for possession of heroin under Section 21 of the NDPS Act - Recovery of contraband made from the appellant's hand - Non-compliance with mandatory provisions of Section 50 of the NDPS Act - Appellant's contention of false implication and lack of independent witnesses - Appellant acquit...
Criminal appeal – Conviction and sentence – Challenge against – Appellant convicted for offenses under Sections 366 and 376 of the Ranbir Penal Code – Sentence of rigorous imprisonment imposed – Appellant challenges the Judgment of Conviction and Order of Sentence – Various grounds raised, including delay in lodging the FIR, lack of medical evidence, non-examina...
Maintenance - Wife and Child - Adulterous Relationship - DNA Test - Adverse Inference: In a criminal revision case (CRIMINAL REVISION No.777 of 2016), heard by Honorable Mr. Justice Dr. Anshuman in the High Court of Judicature at Patna, the petitioner challenged an order passed by the Principal Judge, Family Court, Gaya. The order directed the petitioner to pay maintenance allowances to his wife (...
Criminal case against government servant - Pendency - Promotion - Ad hoc or regular - Whether grant of promotion permissible during pendency of criminal case against government servant - Departmental proceedings exonerating employee - Held, no right of government servant to be considered for promotion during pendency of departmental or criminal proceedings - Equitable solution of granting ad hoc p...
Bail - Grant of - Factors to consider - Nature of allegations, criminal antecedents, opportunity to course-correct - Balancing personal freedom and police investigation - Discretion of the court - Strict conditions to prevent influencing investigation, tampering with evidence, or fleeing justice - Prima facie case and reasons for release on bail - Possibility of deprivation of rights and liberties...
Criminal Procedure – Regular Bail – Lengthy Custody – Second petition for regular bail under Section 439 Cr.P.C. The petitioner was found in possession of 265 grams of Tramadol (commercial quantity) and a firearm with live cartridges. He has been in custody for 40 months, and the trial is at a nascent stage. Held, despite the petitioner’s involvement in multiple criminal ca...
Section 482 - FIR under SC/ST Act - Quashing of - Test to determine – Held - while exercising its power to quash an FIR under Section 482, the High Court must determine whether the allegations made in the complaint, prima facie, constitute an offence, and whether the allegations are so improbable that a prudent man would not conclude that there is sufficient ground to proceed with the compla...