Criminal Procedure - Pardon and Custody - Petitioner, involved in conspiracy and unlawful activities, granted pardon under Section 306 Cr.P.C. as an approver but remained in custody - Analysis of judicial discretion for release under inherent powers (Section 482 Cr.P.C.) despite statutory provisions mandating custody till trial completion - Held, the court, recognizing the medical hardships and pr...
Filing of Criminal Writ Petition under Article 226 – Petitioners seeking directions for protection against threats to their life and liberty – Relationship between the major petitioner No. 1 and minor petitioner No. 2 (17 years & 9 months) is a matter of their personal choice and stated to be consensual [Para 1, 2].
Notice and Representation – Initial hearing and...
Criminal Law - Bail Application – Denial by Trial Court under UAPA for alleged ISIS involvement – Charges under IPC and UAPA, including Sections 38 and 39 – High Court grants bail, citing insufficient evidence of intent to further terrorist activities, as required under specific UAPA sections – Prosecution fails to establish required intention beyond mere possession and acc...
Criminal Law - Bail Application - Petitioner seeks bail under Section 439 Cr.P.C. for FIR No. 417 registered under IPC Sections 302 and 34 after deletion of IPC Sections 147, 148, 149 - Petitioner implicated based on a confessional statement and not named initially in the FIR - Key witnesses, including the complainant and deceased's son, turned hostile and did not support the prosecu...
Quashing of Order under Section 207 Cr.P.C. - Petitioner sought quashing of order that denied supply of documents listed as 'unrelied upon' by CBI in the seizure memo (D/5) - Supreme Court earlier ordered the provision of materials supplied to the deceased's family to the petitioner - Court findings highlighted that materials provided to the petitioner included all 'relied upon'...
Abetment of Suicide – Revision against charges under Section 305 IPC – Analysis of the legal and factual circumstances surrounding the alleged abetment of suicide by a teacher accused of harassing a student leading to the latter’s suicide – Held – No evidence of specific acts of harassment or intentional inducement by the teacher that could have led the student to com...
Quashing of Appointment of Lambardar - petitioner seeks a writ of certiorari to quash the order appointing respondent No. 4 as Lambardar, alleging erroneous acceptance of the revision petition and reversal of earlier orders - petitioner was initially appointed as Lambardar, but respondent No. 4 was appointed through revision - challenge to the order is based on grounds of suitability and cha...
Factual Background – Complaints were made by the petitioner under Sections 498A and 406 IPC against her husband and in-laws, alleging severe demands for dowry and subsequent physical and mental cruelty after her marriage in 1998 – The FIR was filed in December 2002 and charge-sheet filed in July 2004 – Magistrate took cognizance on the same day the charge-sheet was filed [Paras 2...
Factual Background - Appeals arise from convictions for participating in a fatal gang attack where firearms and baseball bats were used - FIR registered based on a detailed complaint by an eye witness (Ex.PW-4/A) describing the attack on 10th June 2012 at Jalandhar Bye-pass, Ludhiana - The motive traced back to a previous altercation and a compromised FIR involving the accused - Appellants convict...
Article 226/227 of the Constitution of India read with Sections 482, 427(1) of Cr.P.C. – Petitioner sought direction for concurrent running of sentences imposed in two separate NIA cases – Delhi High Court declined to exercise discretion under Section 427(1) of Cr.P.C. – Held, offences committed by petitioner in two separate cases cannot be considered part of the “same tran...