Criminal Law – Anticipatory Bail – Allegation of Forgery and Land Grab – Accused No. 3 sought pre-arrest protection under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in FIR No. 559 of 2025 registered under Sections 420, 467, 468, 471, 120B, and 34 of IPC – FIR alleged that applicant conspired to execute forged conveyance deed by altering Power of Attorney an...
Criminal Law – Quashing of FIR – Prima Facie Case – Allegation of ₹10 lakh bribe involving public servant – Cash recovered from Petitioner’s vehicle – Petitioner not named in FIR but added during investigation – Held: FIR discloses cognizable offence and prima facie material exists – Investigation at nascent stage – No grounds for quashing at...
Criminal Law – Quashing of FIR – General and Omnibus Allegations: The Supreme Court held that in the absence of any specific role attributed to the accused-appellants, it would be unjust to subject them to trial. General and omnibus allegations without specificity do not warrant prosecution. The FIR was quashed, and the appeal allowed.
Misuse of Section 498A IPC – Matrimonial ...
Criminal Law – Second FIR Quashed – Abuse of Process – Appellant was prosecution witness in CBI case involving bribe to GST officials – Following his adverse deposition against university management, second FIR registered accusing him of harboring the accused – Police filed cancellation report but Magistrate took cognizance on protest petition – Supreme Court he...
Criminal Law – Quashing of Complaint – Vicarious Liability – Directors – Petitioners sought quashing of complaint filed in 1994 under IPC and Excise Act citing lack of specific allegations – Court held that in absence of averments indicating personal role or statutory vicarious liability, criminal prosecution against directors (Petitioners 3 to 9) is not sustainable &...
Criminal Law – UAPA – Regular Bail – Section 43-D(5) – Prolonged Custody – Appellant in custody for over 2 years and 10 months without trial due to pendency of sanction under Section 45 of the UAPA – No evidence linking weapons recovered from appellant to terrorist activity or declared terrorists – Held: Long incarceration without trial violates Article 21...
Criminal Procedure – Successive Anticipatory Bail Application – Maintainability – Petition under Section 482 BNSS filed for grant of pre-arrest bail by accused previously denied same relief – Held: Successive applications for anticipatory bail are maintainable in law if there is a material change in circumstances – However, they must be placed before the same Judge to...
Narcotic Drugs – Conviction under NDPS Act – Recovery of contraband ganja – Accused A1 and A2 apprehended while in possession of 1.5 kg ganja – Trial court convicted both under Section 8(c) r/w 20(b)(ii)(B) NDPS Act – Acquitted under Sections 25 and 29(1) – A3 absconded and later acquitted – On appeal, A1 reported dead, appeal abated against him – Co...
Criminal Law – Murder – Circumstantial Evidence – Hostile Witnesses – Conviction Upheld – Appellant convicted for murdering his minor daughter by strangulation using cloth string – Though complainant-wife and other family members turned hostile, prosecution proved the case through reliable circumstantial evidence including written complaint, FIR, medical evidenc...
Criminal Procedure – Additional Evidence – Section 311 CrPC – Prosecution allowed to produce video clip at defence evidence stage – Accused objected citing prolonged trial since 2018 and alleged abuse of process – Held: Trial court rightly exercised discretion to allow additional evidence to discover truth – Technical objections cannot defeat justice [Paras 1&nd...