Transfer of Criminal Case – Allegation of Bias – Application for transfer based on dissatisfaction with trial court’s order rejecting recall of witness under Section 311 CrPC – Allegation of unjustified and discriminatory conduct – Held: Mere dissatisfaction with judicial order cannot be grounds for transfer – Apprehension of bias must be reasonable, not imagina...
Criminal Law – Cognizance – Omnibus Allegations – Appellants Nos.2 to 6 (family members of husband) challenged cognizance order passed by the SC/ST Special Court for offences under IPC, Dowry Prohibition Act and SC/ST Act – No specific allegations made against them except general claims of instigation and caste-based remarks – Held: Continuation of proceedings against...
Criminal Procedure – Section 528 BNSS – FIR No. 281/2007 (IPC 323/341/506/34) – Police cancellation prepared in 2007/2009 but not filed – Final report filed and accepted on 22.08.2025 post-petition – Court deprecates 15-year delay; imposes ₹1,00,000 costs (₹25,000 to petitioner; ₹75,000 to Punjab SLSA-DRF); directions for departmental action, compliance affidavi...
Criminal Law – Framing of Charge – Prima Facie Case – Land Fraud Allegation – Petitioners accused of securing illegal allotment of plot by suppressing material facts regarding existing allotment in husband’s name – Trial court refused discharge holding prima facie evidence existed – Held: At framing of charge, court need only examine whether allegations ta...
NDPS Act – Section 36A(4) – Statutory Bail – Expiry of 180-Day Period – Indefeasible Right – Petitioner (A3) in custody for 183 days in Crime No.41/2025 registered for possession of 61 kg ganja – No record of any application filed by Public Prosecutor seeking extension of remand beyond 180 days – Held: In absence of valid extension by Special Court, accuse...
Criminal Law – Quashing of Proceedings of NDPS – Section 482 CrPC – Accused Named Only in Co-accused Statement – No Recovery – Delay of 14 Years – Proceedings Quashed – Petitioner implicated in Jalangi P.S. Case No.308/2010 based solely on confession of co-accused; no recovery made from him, no evidence collected despite warrant issued in 2010 – Poli...
Criminal Law – Gangsters Act – Proceedings Based on Acquitted Base Case – Applicant sought quashing of proceedings under Section 3(1) of the Gangsters Act based on a solitary FIR in which he was later acquitted – Held: Once the accused is acquitted in the base case forming the foundation of gang chart, continuation of prosecution under the Gangsters Act becomes unsustainabl...
Criminal Law – Rape – Quashing on Settlement – Gang Rape and Abduction – Petitioners accused of abducting and repeatedly raping the de facto complainant under threat and confinement – Despite affidavit of compromise by victim, High Court refused to quash proceedings – Held: Offences of rape, especially gang rape, are crimes against society, not merely private wr...
Criminal Law – Corporal Punishment by Teacher – Quashing of Proceedings – No Mens Rea – Bona Fide Act to Enforce Discipline – Proceedings Quashed – Accused, a school teacher, allegedly caned students involved in a fight in the classroom – Victim, a minor, stated that teacher beat only those involved, and only on their legs – No medical treatment take...
Negotiable Instruments Act – Dishonour of Cheque – Validity of Statutory Notice – Appellant alleged that respondent borrowed ₹2,00,000 and issued cheque dated 30.03.2007 – Cheque dishonoured on 03.04.2007 for insufficient funds – Statutory notice sent on 13.04.2007 returned on 18.04.2007 as “not claimed” – Trial Court dismissed complaint on ground ...