Criminal Law - Murder – Appeal Against Acquittal - Appreciation of Evidence – Eye-Witness and Medical Testimony – Conviction Restored - The Trial Court acquitted all accused in a murder case citing contradictions and unreliable witness testimony – The High Court reversed the acquittal of Accused No.1, holding that minor contradictions did not discredit consistent and corrob...
Criminal Law - Corruption Allegation – Demand and Acceptance – Sole Witness Not Wholly Reliable – Conviction Set Aside - Prosecution case hinged on solitary testimony of complainant (PW1), who had a chequered criminal history and inconsistencies in his account of bribe demands – Held: His evidence lacked corroboration, was not wholly reliable, and recovery of tainted money ...
Criminal Procedure – Multiple FIRs – Same Incident – Quashing of FIRs - Petitioners challenged registration of multiple FIRs (Cr.Nos.154 and 155 of 2024) arising from the same occurrence as Cr.No.153 of 2024 relating to an alleged attack on government officials – Court held that multiple FIRs for the same incident and cause of action are impermissible and amount to abuse of...
Criminal Law – Appeal Against Conviction - Forgery and Cheating – Real Estate Investment Fraud – Conviction Sustained – Petitioner, acting as Director of AVR Green Homes Pvt. Ltd., misrepresented land ownership and induced investment of over ₹3.88 crores – Evidence included undertakings, RTGS records, and depositions – Conviction under Sections 406, 420, 467, ...
Dishonour of Cheque – Section 138 NI Act – Conviction Confirmed – Petitioner convicted for issuing a cheque of ₹5 lakhs which was dishonoured for "insufficient funds" – Trial Court convicted him to one year simple imprisonment and fine – Conviction upheld by Appellate Court – Held: Evidence of complainant and bank officials, along with cheque, return...
Preventive Detention – Public Order vs Law and Order – Detention Quashed - The petitioner was detained under the J&K Public Safety Act based on prior FIRs and a 2024 petty offence – Court held the alleged acts did not disturb public order and were adequately addressable under regular criminal law – Detaining authority failed to justify why normal legal remedies were ins...
Criminal Law – Murder – Appeal Against Conviction - Section 313 CrPC – Inadequate Examination of Accused – Prejudice Caused – Conviction Set Aside – Appellant’s examination under Section 313 CrPC merely summarized the prosecution's case rather than presenting specific evidence against him – Supreme Court held this as fatal irregularity causing in...
Bail - NDPS Offense – Commercial Quantity – Application of Section 37 – Bail Granted – Petitioner accused of possessing 71 Buprenorphine injections, constituting commercial quantity under FSL report – Despite applicability of statutory bar under Section 37, prolonged incarceration of 1 year and 5 months invoked constitutional protection under Article 21 – Held: ...
Criminal Law – Quashing of FIR - Criminal Conspiracy and Forgery – Role of Professional Valuer – FIR Quashed – Petitioner, an empanelled bank valuer, was accused of preparing false valuation reports without physically inspecting properties – Court held petitioner relied on representations made by bank officer and submitted a valuation opinion, not a forged document &n...
Anticipatory Bail – Direct Approach to High Court – Permissibility in Special Circumstances – Application Allowed – Applicant directly approached the High Court bypassing Sessions Court citing rejection of interim protection to co-accused and risk of similar denial – Court held that special circumstances were made out, particularly due to applicant’s young age a...