Criminal Law - Section 8(c), 20(b)(ii)(C) NDPS Act – Direction for Re-trial – Procedural Lapses in Admitting Electronic Evidence – High Court Order Set Aside – In a prosecution under the NDPS Act, the Trial Court convicted the appellant based on oral evidence and video recordings supported by a certificate under Section 65B of the Evidence Act – The High Court a...
Criminal Law – Quashing of FIR – FIR for Cheating and Criminal Conspiracy – Civil Dispute Given Criminal Colour – FIR Quashed – FIR was filed nearly five years after a failed commercial transaction involving alleged defective machinery supplied under a sale agreement – Supreme Court found that allegations, even if taken at face value, did not disclose any fraudu...
Criminal Law – Quashing Of Summoning Order - Cognizance on Protest Petition – Sections 190, 202 CrPC – FIR alleged kidnapping and murder by petitioner for property grab – Police investigation (U.D. Case No.1/2013, GR Case 165/2014) concluded death was natural, filing Final Report as “mistake of fact” – Complainant filed protest petition implicating p...
Criminal Writ - Criminal Investigation – Transfer of Probe – SIT Constitution – Writ Allowed – In Crime No.1025/2024, Court directed reinvestigation by SIT headed by DGP Pranab Mohanty with senior IPS officers – Mandamus issued to State to hand over probe and transmit records – SIT to submit report within 3 months – Apex Court declined to interfere –...
Criminal Law - Human Trafficking – Sections 366, 366B, 370, 370A(2) IPC – Conviction Upheld – Victim alleged that she was brought from Bangladesh by Sumi, handed over to Subir Jana, and later to Surya Pradhan in Bhubaneswar where she was forced into prostitution – Victim identified both appellants in Test Identification Parade and in court – Medical report corroborate...
Criminal Law – Dismissal for Non-Prosecution – Section 256 CrPC – Complaint under Section 138 NI Act – Acquittal Set Aside – The Magistrate had dismissed the complaint and acquitted the accused for absence of complainant and counsel on two dates – The High Court held that such dismissal was harsh and in violation of principles of natural justice – Explaine...
Criminal Law – Murder – Section 302 IPC – Conviction Set Aside – Appellant accused of killing his wife by pressing her mouth; conviction primarily based on testimony of child witness (PW2) and complainant – Evidence riddled with contradictions; complainant not present at incident; FIR delayed; inquest report and immediate family gave no suspicion of foul play; recover...
NDPS – Possession of 20 kg Poppy Husk – Section 15 NDPS Act – Conviction Upheld, Sentence Modified – Appellant convicted for intermediate quantity – No minimum punishment prescribed – Trial Court imposed 1½ years RI – High Court considered that appellant already served 4 months, faced trial for 14 years, not involved in other cases, and has since li...
Family Law - Marriage – Validity of Hindu Marriage – Section 7 of the HMA – Appeal dismissed – Husband sought declaration that marriage was void on ground that Saptapadi was not performed – Held: Section 7(1) allows solemnisation of marriage as per customary rites of either party, without mandating Saptapadi in all cases – Sub-section (2) applies only if Saptapa...
Criminal Law – Cheque Bounce - Power of Attorney – Locus Standi and Knowledge of Transaction – Section 138 of NIA – Complaint Filed by Power of Attorney Holder – Not Maintainable - The complainant’s Power of Attorney Holder neither witnessed the transaction nor had sufficient knowledge of the facts as required under law – The Supreme Court mandates specifi...