Criminal Law – Quashing of FIRs - Multiple FIRs – Separate Incidents at Different Locations – Quashment Denied – Petitioner sought to quash FIR in Guruvayoor crime alleging abuse of process due to multiple FIRs – Held: FIRs concern distinct offences at different times and places – Each incident constitutes a separate and independent transaction – No violat...
Criminal Law - Sections 27 and 29 of the NDPS - Sections 66(B), 65(A), 81, 116(B) of the Bombay Prohibition Act, 1949 - Appeal Against Acquittal – Alleged Possession of Liquor Without Permit – Acquittal Confirmed – Accused found with bottles allegedly containing English liquor – Investigating officer failed to send seized bottles for FSL analysis – No sample drawn or ...
Criminal Law - Section 138 and Section 141 of the N.I. Act - Dishonour of Cheque – Vicarious Liability – Company Under Liquidation – Acquittal Upheld – Respondent was a director of the company which went into liquidation on 29.07.2013 – Cheque in question dated 28.10.2013 issued post-liquidation – Held: Complainant failed to establish that respondent was in char...
FIR Quashing - Section 420, 467, 468, 471 of the IPC – Allegation of Forged Vakalatnama – FIR Quashed – The appellant, an advocate, was accused of forging thumb impressions and signatures in court pleadings to benefit a co-accused in civil disputes – Respondent (Manuben), allegedly impersonated, filed affidavit confirming she and her late sister had lawfully authorized the ...
NDPS Bail – Section 37 NDPS Act – Alleged Financing of Contraband Purchase – Bail Granted – Petitioner, a woman and sixth accused, allegedly transferred money to her son and driver who were found in possession of MDMA – Prosecution invoked conspiracy under Sections 27A and 29 of the NDPS Act – Held: Mere monetary transfers to family members insufficient to const...
Criminal Law - Rape of Minor – Promise of Marriage – Section 376 IPC – Acquittal Upheld – Prosecution alleged that the accused induced a 16-year-old girl into a sexual relationship on false promise of marriage resulting in pregnancy and suicide – Court noted absence of corroborative medical or forensic evidence, including DNA analysis – Oral evidence of complain...
Criminal Law – Appeal Against Conviction – Sexual Assault - Delay in Lodging FIR – Explanation for Delay – Delay Justified - The delay of two days in lodging the complaint explained by attempts at village-level settlement – Court held that delay in lodging FIR in sexual offences is not fatal where explanation exists and the complaint was promptly filed after failure o...
Criminal Law – Quashing of FIR - Section 3(1) of the Gangster Act – Procedural Safeguards – FIR and Gang-Chart Quashed – Alleged Violation of Rules – The petitioner challenged the FIR dated 22.11.2023 under Section 3(1) of the Gangster Act – Court found that procedural requirements under Rules 5(3)(a), 16 and 17 of the Gangster Rules, 2021, including “due ...
Criminal Law – Narco Analysis Test– Constitutional Validity – Article 20(3) and 21 – Involuntary Test Impermissible – Direction Quashed – High Court accepted submission from police to conduct narco-analysis test on accused persons during pendency of bail application – Held: Such direction violates the constitutional safeguards under Articles 20(3) and 21 a...
Anticipatory Bail – Corruption Allegation – Section 7 of the PC Act – Bail Denied – Petitioner, a Patwari, sought anticipatory bail in a corruption case alleging demand of ₹60,000 bribe for a favourable inquiry report – Held: Specific allegations supported by audio recording and trap proceedings – No case of false implication or political vendetta made out &nd...