Criminal Law – Application Under Section 91 CrPC – Timing of Application – Respondents sought production of request letters sent by CBI to the Ministry of Home Affairs for call interception before charges were framed – Held: The accused cannot invoke Section 91 CrPC at the pre-charge stage for production of documents – The Supreme Court has held that Section 91 can be...
FIR Quashing – False Promise of Marriage – Section 482 Cr.P.C. – FIR Quashed – The appellant sought quashing of the FIR registered under Sections 376 and 313 of IPC – High Court dismissed the petition – Supreme Court held: The FIR, even if taken at face value, does not reveal a prima facie case of rape or forced abortion – The appellant and complainant liv...
Criminal Procedure – Quashing of Charges – Application under Section 482 Cr.P.C. seeking to quash charge sheet and cognizance order – Allegations of dacoity found baseless during investigation – No evidence of caste-based derogation or public humiliation – Offences under IPC and SC/ST Act not made out against applicants – Personal dispute misrepresented as caste...
Criminal Law – Quashing of Proceedings – Petitioner accused of sexual assault under sections 376, 417, 420, and 354(D) of IPC – Allegations based on a promise to marry, which later did not materialize – The petitioner argued that the relationship was consensual, and the promise to marry was not false from the outset – High Court examined the distinction between breach...
Criminal Law – Conviction on Circumstantial Evidence – Acquittal – Circumstantial Evidence – Conviction based on the circumstantial evidence – Evidence found inadequate – The prosecution relied on the recovery of the murder weapon, blood-stained clothes, and CCTV footage. However, the Court found that the recovery of the hammer, supposedly used in the crime, was...
Anticipatory Bail – Section 482 BNSS – Fraud Allegations – The petitioner sought anticipatory bail in a case involving allegations of visa fraud and cheating – Court held: The petitioner had joined the investigation and provided all relevant documents – No recovery was to be effected from the petitioner, and custodial interrogation was unnecessary – Bail was gra...
Constitutional Law – Writ Petition Against Provisional Attachment Order (PAO) – Availability of Statutory Remedies – The petitioner filed a writ petition against the PAO issued by the Directorate of Enforcement under Section 5 of the Prevention of Money Laundering Act (PMLA) before the expiration of the 30-day statutory period for raising objections before the Adjudicating Author...
Insecticides Act – Prosecution of Employees without Company as Accused – Quashing of Proceedings – High Court of Jammu & Kashmir and Ladakh at Jammu quashed proceedings against petitioners, employees of Godrej Consumer Products Ltd., for offences under Sections 29(1)(a)(i) and 33 of the Insecticides Act, 1968. – Petitioners challenged trial court’s process issuanc...
Anticipatory Bail – Conditions Imposed – Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Freedom of Press – The petitioner, a journalist and managing editor of a YouTube news channel, was granted anticipatory bail with a condition that he should not publish news related to the death of Bishop K.P. Yohannan – Held: The condition restricting the petitioner&rsq...
Factual Background – Complaints were made by the petitioner under Sections 498A and 406 IPC against her husband and in-laws, alleging severe demands for dowry and subsequent physical and mental cruelty after her marriage in 1998 – The FIR was filed in December 2002 and charge-sheet filed in July 2004 – Magistrate took cognizance on the same day the charge-sheet was filed [Paras 2...