Company Law – Criminal Complaint – Vicarious Liability Absent – Summons Quashed – Petitioners challenged prosecution under Section 147(2) of the Companies Act for failure to display company name and address as per statutory requirement – Held: Directors not holding office at the time of alleged default cannot be held liable – Complaint lacked specific averments ...
Criminal Law – Quashing - Matrimonial Disputes – Abuse of Process – Quashing of Criminal Proceedings – Petition Dismissed – Allegations of dowry harassment and physical assault made by wife were contradicted by her own statements and affidavit filed in related matrimonial proceedings – High Court rightly quashed the proceedings under Section 482 CrPC as an abuse...
Criminal Law - Quashing of Criminal Proceedings – Abuse of Process – Sections 186, 353 IPC – Proceedings Quashed – Appellants, associated with anti-trafficking NGO, were charged with obstructing public servants during a rescue operation at a brick kiln – Held: Uncontroverted allegations did not disclose use of force or mens rea required under Sections 186 or 353 IPC &...
Criminal Law – Challenge Conviction – POCSO Act - Juvenile Justice – Preliminary Assessment under Section 15 JJ Act – Improper Compliance – Conviction Set Aside - The Court held that the preliminary assessment by the Juvenile Justice Board was conducted without fully considering the mandatory criteria, and the Children's Court failed to perform an independent judi...
NDPS Act – Bail under Section 483 BNSS – Disclosure Statement – Bail Denied – Petitioner not named in FIR, implication based on disclosure statement of co-accused – No recovery effected from petitioner – Petitioner allegedly managed drug money laundering firm – Allegations of concealment of heroin in tomato ketchup and juice bottles – Evidence includ...
Criminal Law – Anticipatory Bail – Matrimonial Dispute and Digital Harassment – Bail Granted – Petitioners sought anticipatory bail in relation to FIR No. 119/2025 involving serious allegations by complainant-wife including physical assault, snatching of mobile phone, coercion, and unauthorized financial transactions – Court held that, despite nature of alle...
Criminal Contempt – Forgery of High Court Orders – Contempt Established – The contemnors fabricated and submitted forged High Court orders to obstruct the execution of a civil decree—The forged orders, attributed to a Judge not assigned the CRP roster, were never actually filed – Held: Such conduct squarely falls within Section 2(c)(iii) of the Contempt of Courts Act,...
Criminal Law – PC Act – Appeal Against Conviction - Disproportionate Assets – Abetment by Spouse – Divergent Views – Acquittal by One Judge, Conviction Upheld by Another – Justice Ahsanuddin Amanullah held that mere possession of properties by the wife of a public servant, without direct evidence of knowledge or conspiracy, was insufficient for conviction under ...
Criminal Law – Summoning CDRs under Section 91 CrPC – Protection of Accused's Right to Fair Trial – Petition Allowed – Petitioner, a taxi driver accused in an NDPS case, filed for preservation of call detail records and tower location of his phone and that of the raiding party to establish his location and alleged illegal arrest – Trial Court dismissed the applica...
Criminal Law - Section 319 CrPC – Scope and Threshold – Prima-facie Evidence – Invocation Justified – Appellant challenged High Court's quashing of Trial Court order summoning Respondent No. 2 based on direct eyewitness testimony during trial – Held: Once sworn evidence implicates an individual not initially arraigned, and such evidence is stronger than mere sus...