Criminal Law – Section 482 CrPC – Quashing of Proceedings – Mechanical Cognizance on Protest Complaint – Magistrate took cognizance of offences under Sections 420, 468, 471 r/w 34 IPC on a protest complaint after police filed refer report finding allegations false – Order merely recorded “prima facie case made out” without reasons – No discussion of ...
Negotiable Instruments Act – Section 138 – Acquittal Set Aside – Dishonour of Cheque – Trial Court ignored documentary evidence (Cheque Return Register and Memo) establishing date of knowledge of dishonour – Complainant issued statutory notice within 15 days from said date – Held: Trial Court committed legal error by failing to consider Exhibits 3 and 6 which di...
NDPS Act – Regular Bail – Second Bail Petition – Commercial Quantity – Delay in Trial – Article 21 of Constitution – Second petition filed under Section 483 BNSS seeking regular bail in FIR under Sections 22(C) and 29 NDPS Act involving alleged recovery of 576 capsules (354.96 grams) – Petitioner in custody since 12.07.2024 – Earlier bail petition di...
Anticipatory Bail – Sections 318(4) & 319(2) BNS - Impersonation in Public Examination – Extraordinary Nature of Relief – Petitioner sought pre-arrest bail in FIR alleging that another person appeared in a recruitment examination on his behalf using his roll number and documents – CCTV footage and seizure of documents indicated impersonation – Held: Anticipatory b...
Criminal Law – Police Custody – Discretion of Magistrate – Learned Magistrate declined police custody after noting extensive investigation and recovery of incriminating materials – Order passed with cogent reasons – Held: Revisional Court should not ordinarily interfere with such reasoned exercise of discretion unless perversity is shown [Paras 10–14].
Police...
Criminal Law – Quashing of FIR and Cognizance Order – Article 226 Constitution of India – Maintainability – Petitioner sought quashing of FIR, charge-sheet and cognizance order alleging dispute to be purely civil arising out of partnership agreements – During pendency of writ petition, investigation completed, charge-sheet filed and cognizance taken by Magistrate &nda...
Negotiable Instruments Act – Dishonour of Cheque – Section 138 – Pre-cognizance Stage – Section 223 BNSS – Magistrate directed issuance of notice to accused before taking cognizance – Held impermissible in complaints under Section 138 N.I. Act, which is a special enactment – No requirement of issuing notice or summons to accused prior to taking cognizance ...
Criminal Law – Attempt to Murder – Section 307 IPC – Essential Ingredients – Mere causing of grievous injury is not determinative for attracting Section 307 IPC – Sine qua non is existence of intention or knowledge of a homicidal degree – Such intention must be inferred from weapon used, nature and location of injuries, manner of assault, conduct of accused and ...
Criminal Law – Examination of Accused – Section 313 CrPC / Section 351 BNSS – Mandatory Duty of Court – Fair Trial – Convict sentenced to death for rape and murder of a five-year-old child – Trial Court failed to put vital incriminating circumstances, including DNA report, toxicology report and Section 164 CrPC statements, to the accused – Long omnib...
Family Law - Marriage – Irretrievable Breakdown – Article 142, Constitution of India – Divorce Granted Despite Opposition – Marriage solemnised in 2012 – Parties cohabited only for 65 days and living separately for more than a decade – More than 40 civil and criminal proceedings initiated inter se – Repeated failure of mediation including before Supreme Co...