Quashing of FIR - Criminal Misconduct – Misappropriation of SGRY rice – Sections 13(1)(c), 13(1)(d) P.C. Act and Sections 465, 471, 409, 120B IPC – Quashment and discharge denied – Petitioners accused of conspiring with Panchayat Secretary to forge beneficiary committee minutes, create fictitious beneficiary lists, and obtain sanction for release of 46,573 kg of rice under ...
Bail – NDPS Act – Section 36A(4) Default/Statutory Bail – 184 kg Ganja – Petition Allowed – Prosecution failed to file PP’s report seeking extension beyond 180 days; charge-sheet not filed; custody since 11.02.2025 – Held: Accused acquired indefeasible right to bail under Section 36A(4); enlarged on bail subject to stringent conditions [Paras 5–9].
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Criminal Law - Prevention of Corruption Act – Forensic Examination & Voice Sample – Sections 45A, Indian Evidence Act & 349 BNSS – Revision Allowed – Accused Electrical Inspector facing trial for alleged demand and acceptance of ₹8,000/- illegal gratification sought forensic examination of defence audio/video recordings and securing of complainant’s voice sa...
Anticipatory Bail – Misappropriation of Cooperative Society Funds – Sections 406, 409, 420, 465, 468, 471 IPC and Section 13(1) r/w 13(2) PC Act – Bail Refused – Petitioner, former Secretary of Kollam Cooperative Building Society, alleged to have collected deposits from third parties, issued forged receipts and certificates, and misappropriated ₹43,35,000/- – Issued...
Criminal Law – Revision Against Rejection of Discharge Application – Prima Facie Case – Allegations of Fraudulent Audit Reports – Revision Dismissed – The applicant, a Chartered Accountant, was accused of preparing misleading audit reports of M/s. Sai Infosystem (India) Ltd. for FYs 2010-11 to 2012-13 – The reports allegedly inflated debtor balances and enabled ...
NDPS Bail – Sections 21, 25, 29 of the NDPS - Recovery of Intermediate Quantity of Heroine – Section 37 Not Attracted – Bail Granted – Petitioner was arrested for alleged possession of 100 grams of heroin, an intermediate quantity – Co-accused implicated her through disclosure statement – Held: Section 37 NDPS not applicable to intermediate quantity – Bail...
Criminal Law - Bail – Allegation of Foreign Nationality – illegal entry into India - Prima Facie Case of Identity Fraud – Bail Rejected – The applicant was found in possession of digital documents indicating Bangladeshi origin and is accused of forging Indian identity documents to claim citizenship – Held: In absence of verified proof of Indian citizenship and p...
Criminal Law - Rash and Negligent Driving – Death of Minor – Sentence Reduced – Petitioner, driver of a school jeep carrying 25 passengers including children, overturned vehicle on village mud road after seeing oncoming bullock cart—Trial Court convicted under Sections 304A and 338 IPC; Appellate Court affirmed conviction but reduced sentence—High Court upheld concurr...
Criminal Law - Rape and House-Trespass – State Appeal Against Acquittal – Appeal Dismissed – Prosecution alleged accused entered victim’s house early morning, gagged and tied her, and committed rape—Sessions Court found material omissions in FIR, improbability of tying hands and legs without resistance, absence of injuries despite alleged force, contradictions between...
Criminal Law - Summoning under Section 319 Cr.P.C. – Fresh Evidence Not Mandatory – Application Allowed Based on PW1’s Testimony – The petitioners were previously declared innocent by SIT and placed in Column 2 of the challan – Held: Trial court rightly exercised discretion under Section 319 Cr.P.C. based on examination-in-chief of complainant (PW1) implicating the pe...