NDPS Act – Bail – Section 27A – Illicit Traffic – Misuse of Provision – Bail Allowed – Petitioners, one seeking anticipatory bail and the other regular bail, were arraigned under Section 27A NDPS Act based solely on recovery of heroin (5g and 21g) and INR 1000 in cash – Court found that the investigating agencies invoked Section 27A without prima facie evi...
Criminal Law – Dishonour of Cheque – Appeal Against Acquittal – Complainant filed appeal challenging acquittal of accused under Section 138 of the Negotiable Instruments Act – Accused issued cheque for ₹4,00,000 towards alleged discharge of liability – Trial court convicted accused – Appellate court (Sessions Court) acquitted her – High Court held: Acqui...
Criminal Appeal – Acquittal – Interference in Appeal Against Acquittal – Land Dispute – Credibility of Witnesses – Site Plan Contradictions – Improvements & Omissions – Reasonable View of Trial Court Not to be Disturbed – Appeal Dismissed [Paras 12–25].
Appeal Against Acquittal – Parameters for Interference – Suprem...
Dowry Death – Appeal Against Acquittal – Contradictions in prosecution evidence regarding post-marriage dowry payments – No specific proof of cruelty or harassment “soon before death” – Presumption under S.113-B Evidence Act not attracted – Two reasonable views possible – No perversity in evaluation of evidence – Acquittal upheld – Additi...
Criminal Law – Murder – Conviction Based Solely on Recovery – Appellant convicted under Section 302 IPC and Section 25 of Arms Act on basis of recovery of pistol and cartridges allegedly used in murder – Prosecution case unsupported by eyewitnesses – PW-1 (complainant) and PW-5 (alleged responder) turned hostile – No other material evidence connecting appellant ...
Criminal Law – Murder – Circumstantial Evidence – Acquittal – Appellant convicted under Sections 302, 201 and 498-A IPC for allegedly murdering his wife by strangulation with a saree and shifting the body to another village – Trial Court relied on Ex.P2 (alleged note by deceased), medical opinion and recovery of saree pieces – Held: Prosecution failed to prove t...
Criminal Law – Quashment – Section 188 IPC – Section 3 of Epidemic Diseases Act – Proceedings Quashed – Prosecution initiated for alleged disobedience of Government Order dated 13.06.2020 under Section 188 IPC and Section 3 of the Epidemic Diseases Act – No valid order promulgated under the Act was in force on date of alleged offence – G.O.R.T.No.211 expir...
Criminal Law – Abetment of Suicide – Conviction Set Aside – Section 306 IPC – Accused convicted for abetment of suicide based on allegations of continuous mental and physical harassment – Dying declaration inconsistent and general in nature – No proximate or specific act of instigation proved – Accused not relatives and not residing with the deceased &ndas...
Criminal Law – Quashing - Cheating – Specific Performance Transaction – Dishonest Intention at Inception – Quash Rejected – Respondent No.3 alleged payment of ₹14 crores to petitioner for purchase of Jubilee Hills property based on representation that original owner would execute sale deed in her favour – Petitioner instead got property registered in name of h...
Cyber Fraud – Quashing on Basis of Compromise – Inherent Powers under S.528 BNSS – Held, offences involving cyber fraud cause systemic public detriment and cannot ordinarily be quashed on private settlements – Compromise driven by restitution cannot dilute gravity of digital-financial crimes – Case found to be cyber fraud simpliciter, not mere private pecuniary disput...