Criminal Procedure – Quashing of Proclamation Order – Petitioners declared as proclaimed persons under Section 82 Cr.P.C. in a complaint under Section 138 of the Negotiable Instruments Act – Settlement between the parties and withdrawal of the complaint – Quashing of proclamation order due to settlement and procedural contravention. [Paras 1-2]
Compromise – Effect ...
Live-in Relationship and Protection of Life and Liberty – Petition under Article 226 for protection against threats from family members – Petitioners in a live-in relationship seeking mandamus against false implication in criminal cases by private respondents – Family members of petitioner No.1 threatening their lives. [Para 1-2]
Marital Status and Legal Implications...
Quashing of NBW Sought by Petitioner – Alleged involvement in bribery to influence a CBI case – Petitioner's repeated absence and failure to comply with court directives – Non-Bailable Warrants (NBW) issued – Petitioner’s application under Section 482 Cr.P.C. seeking quashing of NBW and related proceedings [Paras 1, 9-14, 20-38].
Quashing of Non-Baila...
Regular Bail – Grant of Bail in NDPS Case – Petitioner Akashdeep Singh seeks regular bail in FIR No.43 for offences under Sections 22 and later Section 29 of the NDPS Act – Petitioner implicated based on co-accused's disclosure, with no recovery from petitioner – Reliance on precedents highlighting grant of bail where accused named only in co-accused’s disclosure ...
Anticipatory Bail – Misappropriation of PSPCL Material - Petition for anticipatory bail in offence under Sections 409 and 120-B IPC - alleged misappropriation of materials from PSPCL - Bail denied due to substantial prima facie evidence and need for custodial interrogation. [Paras 1-11]
Investigation and Inquiry Report - Affidavit by Deputy Superintendent of Police and Inquiry R...
Criminal Law – Grant of Bail – Court considered the application for regular bail filed by Sanju alias Sahil Kumar in FIR No. 323/2023 under IPC Sections 307, 452, 148, 149 and Arms Act Sections 25, 27. The petitioner sought bail, emphasizing his inadvertent implication in the crime, lack of specific role or injury attributed to him, and a compromise with the complainant. [Para 1-3]
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Criminal Procedure Code, 1973 (Cr.P.C.) – Section 482 – Quashing of Proceedings – Petition for quashing of criminal complaint under the SC/ST Act and IPC sections due to compromise between parties – Settlement reached out of court with no coercion or undue influence – Emphasis on the legal system’s goal to reconcile social conflicts and minimize adverse societal...
Criminal Procedure - Appeal against Conviction - Murder case - Evidence based on circumstantial evidence - Absence of motive - Importance of motive in circumstantial evidence cases - Motive not necessary to be proved in detail for establishing guilt beyond reasonable doubt - Accused found guilty based on other circumstantial evidence. [Paragraphs 4, 5, 27]
Criminal Procedure - Appeal ...
Bail – NDPS Act: Regular Bail in FIR No. 325 under Sections 22(c) of the NDPS Act – Petitioner’s bail application considered in light of prolonged incarceration and fundamental rights under Article 21. [Para 1-4]
Supreme Court Precedents: Reference to various Supreme Court judgments highlighting the importance of considering prolonged incarceration for bail under NDPS Act desp...
Criminal Appeal – Unauthorized Absence – Departmental inquiry against petitioner for unauthorized absence during COVID-19 pandemic – Challenge to penalty imposed for absence – Doctrine of proportionality applicable to quantum of punishment – Special circumstances of pandemic and quarantine need to be considered – Penalty set aside, remanded to Disciplinary Autho...