Criminal Law - Bail Procedure - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 483(2) - Presence of informant - Preliminary objection raised by State that bail hearing cannot proceed without the presence of the informant or authorized person as per Section 483(2) BNSS - Court examined the interplay between Section 483(2) BNSS and Rules 4(13) and 4(15) of the POCSO Rules 2020 - Record indicated ...
Criminal Law - Issuance of Non-Bailable Warrant - Bharatiya Nagarik Suraksha Sanhita 2023 - Sections 528, 355 and 482 - Petitioner Trinath Guru was granted bail on 23.12.2025 and had furnished bail bonds - On 06.05.2026 the JMFC Lakhanpur issued NBWA against the petitioner for his absence after repeated calls despite service of summons - High Court observed that Section 355 BNSS confers wide discr...
Criminal Law - Cheque Dishonour - Negotiable Instruments Act 1881 - Section 138 - Revision against conviction - Complainant advanced friendly loan of Rs. 1,50,000 and Rs. 2,20,000 for medical expenses of petitioner wife and newborn child - Cheque for Rs. 3,70,000 dishonoured for insufficient funds - Petitioner-accused claimed cheque was blank security document issued during employment at complaina...
Criminal Law - Summoning of Witnesses - Code of Criminal Procedure 1973 - Section 311 - Reopening of pre-charge stage - Applicant filed a complaint against opposite parties under Sections 406 504 and 506 IPC - Statements recorded under Section 200 and 202 CrPC - Accused summoned in 2014 - Complainant's statement under Section 244 CrPC recorded in 2020 - Counsel for complainant made a specific ...
Criminal Law - Medical Negligence - Indian Penal Code 1860 - Section 338 – Quashing - Petitioner doctor faced prosecution for causing grievous hurt by a rash or negligent act during a Caesarean delivery - Complainant alleged the infant suffered a scalp injury due to mismanagement - Investigation resulted in a charge sheet filed before the completion of the Medical Council inquiry - West Beng...
Criminal Law - Victim Compensation - Protection of Children from Sexual Offences Act 2012 - Section 33(8) - Rule 9 of POCSO Rules 2020 - Inadequate compensation - Appeal filed by guardian of three male victim children against Trial Court judgment convicting father and paternal relatives for aggravated penetrative sexual assault but failing to grant final compensation beyond Rs 25000 interim amount...
Criminal Law - Cruelty and Dowry Harassment - Code of Criminal Procedure 1973 - Section 482 - Quashing of Proceedings - Applicants-in-laws challenged the charge-sheet and criminal proceedings for offences including Section 498A IPC and Dowry Prohibition Act - Complainant alleged she was subjected to cruelty for additional dowry of five lakhs and landed property - Allegations included physical assa...
Writ Law - Right to Information - Right to Information Act 2005 - Section 24 - Exemption of Organizations - Appellant-Special Police Establishment (SPE) challenged High Court order directing supply of information to respondent-accused regarding details of sanction for his prosecution - Appellant relied on Madhya Pradesh State Notification dated 25.08.2011 issued under Section 24(4) exempting SPE f...
Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Sections 138, 118 and 139 - Complainant challenged the acquittal of the accused by the Judicial Magistrate of First Class-II (Mobile) Kottayam - Case involved dishonour of a cheque for Rs. 4,50,000/- dated 09.03.2004 - PW1-complainant admitted during cross-examination that the money was given by his father in five installments ...
Criminal Law - Criminal Breach of Trust by Public Servant - Indian Penal Code 1860 - Section 409 - Petitioner serving as Clerk in Municipal Council Nawanshahr was accused of embezzling Rs. 3,975/- between 2003 and 2004 - Prosecution case based on audit report and alleged failure to deposit collected funds - Trial Court and First Appellate Court convicted petitioner to one year rigorous imprisonmen...