Criminal Law - Transfer Investigation To CBI - Murder Allegation – Conflict Over Property and Will – Suspicious Circumstances – CBI Investigation Justified – Respondents alleged that the deceased was coerced over property ownership by associates of a late MP, leading to his suspicious death – Original investigation by SIT was held to be flawed and lopsided – Hig...
Criminal Procedural Law - Set-Off under Section 428 CrPC – Interpretation of “Same Case” – Set-Off Denied – The Court ruled that remand periods under PT warrant while serving sentences in unrelated cases cannot be set off under Section 428, Cr. PC unless it pertains to the same case in which conviction occurs – Held that the term “same case” is cruci...
Criminal Procedure – Alteration of Charges – Power Under Section 216 CrPC Exclusive to Court – Petition by Prosecution Impermissible - Court reaffirmed that only the trial court, not any party, can invoke Section 216 CrPC to alter or add charges – Held: Filing of such petitions by prosecution or accused is contrary to the scheme of the Code and delays justice [Paras 16-20]....
Criminal Procedural Law - Cognizance – Sufficiency of Reasoning – Recording of Prima Facie Case – Cognizance Restored - The High Court remanded the matter to the Trial Court stating that the cognizance order lacked disclosure of prima facie material – Held: The approach of the High Court was erroneous – It is settled law that a Magistrate is not required to record det...
Criminal Law – Quashing - Breach of Contract vs. Cheating – Civil Dispute Camouflaged as Criminal – FIR and Chargesheet Quashed - Dispute arising from an oral agreement for sale of property held to be purely civil in nature – Allegations did not disclose fraudulent intent at inception or essential ingredients of Sections 420 or 406 IPC – Supreme Court quashed FIR and ...
Criminal Law - Sexual Assault of Minor – Section 354B IPC and Section 10 POCSO – Conviction Upheld – Based on consistent testimony of the victim and her immediate disclosures to two neighbors, supported by FIR and medical evidence, the High Court confirmed the conviction – Appellant’s act of disrobing the 7-year-old victim after luring her into his room established as...
Criminal Procedure – Power of Court to Review Judgments – Section 362 Cr.P.C – Judgment Modification Not Permissible – High Court’s Correction Order Quashed - The High Court’s modification of its final judgment on grounds of “clerical error” was found to be impermissible under Section 362 Cr.P.C. – The Supreme Court held that once a judgment is...
Criminal Law – Release of Seizure of Cash – Economic Offence – Conditional Release Directed – The Court allowed the release of ₹15 lakhs seized from the petitioner during CBI investigation in a financial scam case – Held: While the petitioner’s entitlement remains disputed, prolonged retention of cash undermines economic activity – Directed release with ...
Criminal Law - Criminal Conspiracy – Sentence Modified – Section 120-B IPC – Sentence Reduced to Time Served – Appellant convicted for conspiracy in a violent robbery incident and sentenced to 3 years’ simple imprisonment – Held: Though conviction upheld, sentence reduced to time already served (5 months 28 days) – Court noted no minimum sentence prescribe...
Criminal Law – Adultery – Quashing of Summoning Order – Section 497 IPC Unconstitutional – Petitioner summoned for alleged adultery under Section 497 IPC after initial discharge by Magistrate – Held: Following Supreme Court's declaration of Section 497 as unconstitutional in Joseph Shine case, prosecution under said provision cannot be sustained – Complaint ...