Criminal Law - Anticipatory Bail - Petition under Section 438 CrPC - Allegations of cheating and misappropriation of funds - Petitioners accused of inducing the complainant to invest Rs. 65 lakhs in a fraudulent scheme involving the sale of onions - Petitioners submitted fictitious documents during the investigation - Apprehension of influencing witnesses and tampering with evidence - Custodial in...
Preventive Detention - Applicability and Compatibility of Judgments - Friction between Two Sets of Judgments - Resolution - Provisions of Preventive Detention Acts - Detaining Authority and Government as Separate Entities - COFEPOSA Act and Preventive Detention Act - Symbiotic Application of Judgments - No Conflict - No Need for Reference to Larger Bench. Para No: 30-35
Delay in Consi...
Criminal Law - Quashing of Complaint and Summoning Order - Petition under Section 482 CrPC - Complaint against company officials for offenses under Sections 120-B, 406, and 420 IPC - Magistrate conducted inquiry under Section 202 CrPC - Police report and documents examined - Magistrate found sufficient material to proceed - Petitioners' claim of non-consideration of police report and plea of f...
Criminal Law - Quashing of Complaint and Summoning Order - Petition under Section 482 CrPC - Complaint against Independent Director of company for offenses under Sections 120-B, 406, and 420 IPC - Petitioner served as Independent Director from 04.07.2018 to 14.02.2020 - Alleged offenses occurred between 2006 and 2017, prior to petitioner's involvement with the company - No material evidence in...
Criminal Law - Quashing of FIR and Charge-sheet - Petition under Section 482 CrPC - Criminal Appeal against the order of High Court refusing to quash FIR for abetment of suicide - FIR lodged for offenses under Sections 306, 506, and 34 IPC - Complainant filed no objection to the quashing of FIR - Allegations in suicide note and FIR vague and do not attract Section 306 IPC - Compromise reached betw...
Grant of parole - Sections 21, 23, 28, 29, 60, 61, 63 of the NDPS - Challenge to declining order of parole - Whether declining order was ill-informed and not founded on credible material - Reasons given for denying parole based on mere apprehensions - No adverse report by Superintendent of Jail concerning petitioner's conduct - Order suffers from non-application of mind - Petition allowed and ...
Criminal Procedure - Quashing of FIR - Limitation Period - Excise Act - Petition for quashing FIR registered under Punjab Excise Act—FIR registered on 25.08.2016, challan presented on 23.02.2021—Cognizance taken barred by limitation under Section 75(2) of the Punjab Excise Act and Section 468 CrPC—Special sanction time exclusion plea untenable as limitation period had expired&mda...
Default Bail – Section 167(2) Cr.P.C and Section 36-A of the NDPS Act – Petitioner’s application for default bail dismissed by Additional Sessions Judge, Faridabad – Revision petition filed challenging the order. [Para 1]
Factual Background – Petitioner arrested under Section 22(c) of the NDPS Act – Challan presented on 05.05.2022 without accompanyi...
Criminal Procedure - Quashing of FIR - Proclaimed Offenders - Acquittal of Co-Accused - Petitions by foreign citizens for quashing FIR and orders declaring them proclaimed offenders—Petitioners were unaware of FIR—Co-accused acquitted—Common allegations of cutting and taking away 40 trees in a land dispute—Evidence found insufficient to prove exclusive possession or commiss...
Criminal Procedure - Release of Seized Vehicle - Sapurdari - Bank Guarantee - Surety Bonds - Release of Seized Vehicle - Idle Parking and Deterioration – Petition under Section 482 Cr.P.C. seeking release of a vehicle seized with illegal liquor – Held: Neither the State nor the owner benefits from the idle parking of seized vehicles. Unattended vehicles deteriorate, and their valuable ...