Criminal Law – Rape – Kidnapping – Appeal Against Acquittal - Appreciation of Evidence – Statement of Prosecutrix – Material Contradictions – Acquittal Upheld – The prosecution case was based primarily on the testimony of the prosecutrix – Contradictions in her statements regarding date and place of rape undermined credibility – The prosecutrix...
Criminal Law – Quashing - Money Laundering – Predicate Offence Quashed – PMLA Case to Proceed – Petition to quash proceedings under PMLA rejected – Telangana High Court held that quashing of predicate offence against one accused does not terminate PMLA proceedings if the offence still exists against others – PMLA is a standalone offence focused on proceeds of ...
Criminal Law – Quashing of Cognizance - Custodial Violence Allegation – Police Officers Summoned – Cognizance Quashed - Petitioners, senior police officers, challenged summoning order in a complaint case alleging police excess during a bandh protest in 2014 – Held: Proceedings initiated after an unexplained delay of 10 years, during Model Code of Conduct, are manifestly mal...
Criminal Law – Economic Offence – Bail in ₹24.74 Crore - Misappropriation Case – Petitioners accused of misappropriating funds from a co-operative society in conspiracy with staff – Allegations relate to period 2021–2024 – Petitioners are Grama Panchayat and District Panchayat members – Held: Despite gravity, bail granted due to absence of custodial inte...
Criminal Law – Quashing - Domain Name Dispute – Criminal Charges Quashed – Civil Dispute Mischaracterized – The petitioner was accused of impersonating the Chancellor of Alliance University and fraudulently attempting to take control of the university’s domain name – Held: Allegations arise from civil dispute over institutional control post-termination – E...
Criminal Law - Quashing of Criminal Proceedings – Section 9, 10, 11, 12 & 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 - Lack of Prima Facie Evidence – Case based on CDRs and Transcripts – Quashing Allowed - The petitioners challenged the FIR, charge sheet, and summoning order alleging conspiracy and illegal gratification to obtain a loan from Sy...
Criminal Law - Framing of Charges – Abetment of Suicide – Ingredients Not Made Out – Charges Quashed – The petitioner, a constable, was accused of abetting his wife's suicide by poisoning – Court found no specific evidence of dowry demand or cruelty – Multiple statements revealed only ordinary domestic discord, not instigation or cruelty sufficient to frame ...
Criminal Law - Exemption from Personal Appearance – Routine Rejection of Section 317 CrPC Petitions – Held Arbitrary – Trial Court rejected exemption petition on grounds of repeated past defaults – High Court held that discretionary powers must be exercised judicially, especially when supported by justifiable medical reasons – Rejection without considering circumstanc...
Criminal Law – Rape – Appeal against conviction – Delay in FIR and Unexplained Silence – Conviction Set Aside – The prosecutrix reported repeated sexual assault months after the alleged incidents, only after pregnancy was discovered – No complaint made earlier despite residing with family – Held: Unexplained delay in filing complaint and absence of disclos...
Criminal Procedural Law - Magistrate’s Power to Take Cognizance – Sections Not in Charge-Sheet – Magistrate Not Bound by Police Opinion – Held: Magistrate under Section 190(1)(b) CrPC (now Section 210 BNSS) is empowered to take cognizance of any offence disclosed by materials on record, even if not included in the charge-sheet – Reiterated that material, not the label...