Anticipatory Bail – Sections 177, 420, 506, 120B of the IPC - Section 67 of the Information Technology Act - Criminal Antecedents Disclosed in Second Petition – Maintainability – Petitioner, who had earlier withdrawn the bail petition for non-disclosure of criminal record, re-approached the Court with full disclosure – Held: Petition was maintainable and considered on merit...
Criminal Law – Stone Pelting on Police - Sections 147, 353, and 332 of the Indian Penal Code, 1860 - Acquittal – Identification of Accused – Failure to Establish Identity – Acquittal Upheld - Witnesses failed to consistently identify accused amidst mob of 150–200 people – Contradictory depositions and no clear identification of individuals pelting stones –...
Writ Jurisdiction – Section 154, 156(3), 200 of the Code of Criminal Procedure, 1973 - Refusal to Direct FIR Registration – Alternate Remedies Available – Mandamus Declined – Petitioner sought mandamus for registration of FIR against her husband for allegedly disseminating personal photographs taken before marriage – Despite remedies under Sections 154(3), 156(3) CrPC...
Criminal Law - Quashing of Criminal Proceedings – Section 482, Code of Criminal Procedure, 1973 - Allegations under IPC and SC/ST Act – Quashing Partially Allowed – The applicants sought to quash the FIR and proceedings initiated under sections of IPC and the SC/ST Act arising out of alleged cruelty and caste-based abuse following an inter-caste marriage – The Court observe...
Criminal Law - Bail Cancellation – Misuse of Liberty – Grounds Justified – Bail Cancelled – Petitioner sought cancellation of bail granted to private respondents in FIR No. 183 of 2016 for offences under Sections 307, 326, 323 IPC etc. – Respondents allegedly committed fresh offences post-bail including trespass and physical assault on the complainant and his family &...
Criminal Law – Quashing of FIR – Forged Certificate Allegations – Petition Dismissed – Petitioner sought quashing of FIR and charge-sheet for allegedly using forged documents to secure army employment – FIR was filed by a neighbor allegedly in retaliation for a civil dispute – Court held: Prima facie case made out; FIR discloses cognizable offences – Claim...
Criminal Bail – Habitual Offender – Bail Denied - The applicant, Kamlesh Yadav, sought bail in a case under multiple IPC sections related to forgery and fraud involving impersonation in a property transaction – FIR alleged he facilitated a sale deed using an impostor and received ₹14.5 lakh – The Court noted that he had 52 prior cases, mostly for cheating under Section 42...
Criminal Law - Wild Life (Protection) Act, 1972 (Wildlife Act) - Wildlife Offences – Possession of Scheduled Animal Parts – Conviction Justified – The appellants were caught red-handed with tiger skins, claws, bones and antlers in a car at a petrol pump by the CBI – Two independent witnesses supported the seizure – Held: Recovery was convincingly established and corro...
Criminal Law – Murder – Appeal Against Acquittal - Identification in Court – Failure to Prove Guilt Beyond Reasonable Doubt – Appeal Allowed - The Supreme Court held that failure by eyewitnesses to identify accused in court as perpetrators of the crime was fatal to the prosecution's case – Mere naming of individuals in deposition without proper court i...
Criminal Law - Custodial Death – Demand for Independent Investigation – Local Police Involved – CBI Directed to Take Over – Allegations of police brutality leading to the death of Deva Pardhi in custody prompted a plea by relatives seeking transfer of investigation from local police, who were the accused themselves – Supreme Court found that no arrests were made eight...