Criminal Procedure – Successive Anticipatory Bail Application – Maintainability – Petition under Section 482 BNSS filed for grant of pre-arrest bail by accused previously denied same relief – Held: Successive applications for anticipatory bail are maintainable in law if there is a material change in circumstances – However, they must be placed before the same Judge to...
Criminal Law – Criminal Breach of Trust – Cheating – Quashment of Proceedings – Appellant, a former partner in a dissolved firm, sold property previously used by the firm to a third party – Respondent, a co-partner, filed a criminal complaint under Sections 406, 420 and 120B IPC alleging misappropriation and deceit – High Court refused to quash the complaint &nd...
Criminal Law – Quashing of FIR – Causing Death by Negligence – Section 304-A IPC – Conviction – Petitioner convicted under Sections 304-A & 279 IPC based on death caused due to rash and negligent driving of a JCB – Post-conviction, compromise reached with complainant (father of deceased) – Held: Compromise between accused and legal heirs of deceased ca...
Criminal Law – Default Bail – Interpretation of BNSS – Petitioners arrested on 10.05.2025 and remained in custody for 90 days – Application for default bail under Section 187(3) BNSS filed on 12.08.2025 – Charge-sheet not filed within statutory period – Trial court rejected application relying on Odisha amendment to CrPC providing 120-day period – Held: BN...
Criminal Law – Quashing of Proceedings – Allegation of Sexual Harassment by Child Welfare Committee Chairman – Lack of Sexual Intent – Petitioner, a statutory authority under Child Welfare Committee, was alleged to have made sexually coloured remarks during counselling of two minor girls – Statements attributed to the petitioner included reference to the girls’ ...
Criminal Law – Quashing Of FIR - Rape – Repeated Sexual Acts – Section 376(2)(n) IPC – FIR alleged repeated sexual relations by advocate on false promise of marriage – Supreme Court held that relationship lasted three years and involved mutual affection and voluntary acts – No indication of threat, coercion, or deceit from inception – Held: FIR failed to d...
Criminal Law – Discharge of Accused – Sections 227 and 228 CrPC – Trial court discharged public officials and contractors accused of conspiracy, corruption, and loss to exchequer in road projects executed during 2007–2009 – High Court upheld discharge, holding that the record failed to establish prima facie misuse of official position, fraudulent conspiracy, or wrongf...
Criminal Law – Bail – POCSO and JJ Act Offences – Parity with Co-Accused – Petitioner charged under multiple IPC, JJ Act and POCSO provisions for alleged torture and abuse of a 3-year-old foster child – Other co-accused including petitioner’s husband (prime accused) granted bail – Held: On ground of parity and similar footing in charges, petitioner entitle...
Criminal Law – Quashing of Proceedings – POCSO and IPC Charges – Applicant No. 1 accused of kidnapping and sexual offences against a minor under IPC and POCSO Act – Victim’s statements under Sections 161 and 164 CrPC indicated consensual relationship and denial of sexual intercourse – Medical examination showed no injury – Victim declared major as per medi...
Criminal Law – Summoning of Additional Accused – Section 319 CrPC – Standard of Proof – Mother of minor victim sought summoning of grandmother and paternal aunts on the ground of alleged suppression and non-reporting of child sexual abuse – Trial Court rejected application noting that no new or compelling evidence had emerged during trial beyond what was already part ...