Anticipatory Bail – Maintainability under SC/ST Act – Section 14A(2) Appeal Allowed – The appellant, father of the victim, challenged denial of anticipatory bail on grounds that SC/ST Act provisions did not prima facie apply as both accused and victim belonged to the same community – Held: In light of Shajan Skaria v. State of Kerala, anticipatory bail under Section 438 CrP...
Environmental Law - Environmental Clearance – Sand Mining – District Survey Report – Supreme Court reiterated that replenishment studies are mandatory for valid DSRs and therefore essential for granting Environmental Clearance (EC) – Following Deepak Kumar v. State of Haryana (2012) 4 SCC 629, and reaffirming Satendra Pandey v. MoEFCC, 2018 SCC OnLine NGT 2388, the Court he...
Criminal Contempt – Attack on Advocate Commissioners – Interference with Administration of Justice – Held Guilty – Court-appointed Advocate Commissioners were assaulted by a mob while executing commission in CS(OS) 4024/2014 concerning counterfeit Samsung products – Several Advocates sustained grievous injuries and were forced to abandon commission – Held: Obstr...
Criminal Law - Victim Appeal Right – Substitution of Legal Heir – Proviso to Section 372 CrPC – Substantive Right Recognised – The son of deceased appellant (an injured victim) sought to substitute himself to continue the appeal against acquittal – Held: Under Section 2(wa), legal heirs of victims are also recognised as victims – The right to “prefer an ap...
Criminal Law – Cognizance under BNSS – Section 223(1) BNSS – Mandatory Prior Notice to Accused – Procedural Safeguard – Complaint under Section 222 BNSS for defamation – Magistrate took cognizance and ordered pre-summoning evidence without prior notice – ASJ set aside cognizance for want of notice but upheld pre-summoning evidence – Held: Under BNSS,...
Criminal Law – Dismissed In Default for Non-Prosecution – Section 256 CrPC – Acquittal of Accused – Complaint Cannot Be Restored – Magistrate Lacked Jurisdiction - Complaint under Section 138 NI Act was dismissed in default due to complainant’s absence, and the accused was present – Held: This amounted to acquittal under Section 256(1) CrPC – The Mag...
Criminal Law - Prevention of Corruption – Demand and Acceptance of Bribe – Section 7 and Section 13 of the Prevention of Corruption Act – Conviction Upheld – The appellant, a Central Excise Inspector, was convicted for demanding ₹300/- from a factory supervisor for issuing an excise registration certificate – The trial court and High Court concurrently held that dem...
Anticipatory Bail – Maintainability Despite Section 35 BNSS – Sessions Court Erred in Disposing Petition – Petitioner sought anticipatory bail in a case under the Bharatiya Nyaya Sanhita and Arms Act – Sessions Judge declined to decide the bail plea, instead referring petitioner to approach the police citing a prior High Court judgment – Held: Such abdication of judic...
Bail – Illegal Quarrying – Sections 447, 427, 379 r/w 34 IPC, Section 3 PDPP Act, Sections 21(1), 21(4) MMDR Act, Sections 120-B, 109, 290, 506 IPC, Sections 3 & 5 Explosive Substances Act, and SCs & STs Atrocities (PoA) Act – Bail Granted with Conditions – The appellant, former Minister and MLA, was implicated in large-scale illegal extraction of quartz and f...
Criminal Law - Kidnapping – Enticing Minor Girl – Section 363 IPC – Conviction Upheld - The appellant enticed the 15-year-old victim from her father’s shop on the pretext of watching a movie with false representation of parental consent – Thereafter, he threatened her and took her to another city – Held: The act constitutes kidnapping from lawful guardianship un...