Criminal Procedure – Bail – Fraudulent Conduct and Suppression of Material Facts – Bail Set Aside – Accused obtained interim protection during anticipatory bail proceedings by giving undertakings to repay cheated amount (₹6.25 crores) but later reneged on promise – High Court rejected anticipatory bail observing that accused misled courts and complainant – Des...
Anticipatory Bail – Economic Offence – Fraudulent Investment Scheme – Application under Section 482 BNSS seeking pre-arrest bail in connection with FIR alleging criminal conspiracy and cheating to the tune of ₹3.36 crores – FIR registered under BNSS and G.P.I.D. Act – Allegation that accused lured investors with 3% monthly returns – Applicant alleged to have r...
Matrimonial Law – Maintenance – Minor Husband – Maintainability of Proceedings – Section 125 CrPC – No Bar to Proceedings Against Minor Husband – Husband’s minority at the time of filing of maintenance application under Section 125 CrPC cannot be a ground to hold the proceedings as non-maintainable – Chapter IX of CrPC is applicable independent of pr...
Criminal Law – Outraging Modesty – Discharge – Accused sent old and ugly undergarments of women via parcel to a female school principal with intent to insult her modesty – Accused sought discharge under Section 239 CrPC – Magistrate discharged them from Section 354 IPC but retained charges under Section 509 r/w 34 IPC and Sections 4 & 6 of Indecent Representation ...
Criminal Law – Quashing of FIR - Prevention of Corruption – Bribery Allegations – Complaint alleged offer of ₹2 crores and later ₹5 crores to MLA to abstain or vote in MLC elections – FIR registered belatedly on 31.05.2015 based on audio-video recordings of sting operation – Allegations against A4 vague and unconnected to subsequent alleged transaction – A4 ...
Criminal Law – Murder – Common Intention – Appellants convicted under Section 302 read with Section 34 IPC for killing the victim after being confronted for stealing mangoes – Eyewitnesses PW 2 (wife) and PW 3 (sister) consistently deposed to the assault using sharp weapons – Medical evidence corroborated homicidal nature of death – Held: Appellants shared commo...
Negotiable Instruments – Section 138 – Dishonour of Cheque – Presumption – Accused admitted borrowing ₹1,50,000 and issuance of cheque – Defence that cheque was for security not accepted – Held: Once issuance and signature are admitted, presumption under Sections 118(a) and 139 NI Act arises – No rebuttal evidence led by accused – Conviction upheld...
Criminal Writ - Preventive Detention – Grounds Vague – Documents Not Supplied – Detention Quashed – Detenu was detained under PIT NDPS Act vide order dated 20.12.2024 – Grounds of detention alleged past FIRs, many of which were closed or under trial – FIR details including status of bail not disclosed – Held: Failure to provide relevant documents and vague...
Criminal Procedure – Section 311/91 CrPC – Recall of witness / production of documents – Victims challenged rejection of prosecution request to recall PW-14 to mark two 2007 “appreciation letters” allegedly issued by A-1 – Held: Letters concerning a prosecution witness (not victim/informant/accused) 17 years earlier are not essential to the just decision of POCS...
Criminal Law – Quashing – Section 482 CrPC – Scope – Petitioners sought quashing of proceedings in C.C. No. 17248/2019 alleging false implication based on fabricated agreement – Court reiterated inherent powers under Section 482 must be exercised sparingly in rare cases to prevent abuse or secure ends of justice – When disputed facts exist, particularly genuinen...