Limitation Period – Bar of Limitation Applicable to Criminal Complaints – Complaint filed for offences under the Insecticides Act, 1968, challenged for being barred by limitation under Section 468 Cr.P.C. – Accused argued that the complaint, filed after over 5 years from the date of the Public Analyst's report, exceeded the three-year limitation period for offences punishable...
Bail Petition under Section 439 Cr.P.C. for Regular Bail – Petitioner seeking regular bail in case of FIR No. 49 for offences under IPC sections 148, 149, 201, 323, 325, 307, 379-B, 452, 506 & Arms Act Section 25 – Allegations of violent assault with weapons and theft. [Para 1]
FIR Details and Allegations – FIR alleges the petitioner and others attacked complaina...
Criminal Revision Petition – Discharge of Respondents by Trial Court Challenged – FIR for offenses under Sections 420/406/468/471/384/120B IPC – Allegations of illegal transfer of shares and fraudulent removal as director – High Court sets aside Trial Court order discharging respondents and remands matter for fresh consideration – Held that Trial Court failed to prope...
Criminal Procedure – Appeal Against Acquittal – Section 378(4) CrPC –challenge against the acquittal of the respondent in a case under Section 138, 142 of the Negotiable Instruments Act, 1881 and Section 420 IPC. The application sought to reverse the order of acquittal by the Judicial Magistrate on the grounds of misuse of cheque and insufficiency of funds. [Para 1, 2]
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Bail Application – Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985 – Accused seeking bail under Section 439 CrPC for offenses under NDPS Act – Petitioner has a significant criminal history – Bail considered in light of Section 37 of NDPS Act, which imposes stringent conditions for bail in cases involving commercial quantities of narcotic drugs. [Para 1-6]
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Acid Attack – Identification of Assailants – Contradictions and Inconsistencies in Victims' Testimonies – Held – Discrepancies in victims' testimonies regarding the description and actions of assailants raise doubts about accurate identification. Contradictions include inconsistencies about the movement of the motorcycle, the clothing of the assailants, and the dire...
Revision Petition – Challenge to order of Sessions Judge – Dismissal of complaint against the petitioner-accused under Sections 420, 406, 465, 466, 467, 471, and 120-B IPC – Complaint initially dismissed for non-appearance – Sessions Judge’s order setting aside dismissal and remanding for fresh consideration challenged – Interpretation of Section 401 Cr.P.C. &nd...
Criminal Procedure – Revision of Order – Section 311 Cr.P.C. – Court examined the petitioner's application under Section 311 of the Criminal Procedure Code for the recall and examination of defense witnesses in a case involving Section 138 of the Negotiable Instruments Act. The petitioner sought to set aside the orders of lower courts, which dismissed his application for the ...
The petitioner, Nandakumar N, is the 2nd accused in Crime No.26/2021 of Excise Enforcement & Anti Narcotic Special Squad, Ernakulam. He is charged under Sections 20(b)(ii)C, 25, and 29 of the NDPS Act. The application for regular bail is submitted due to his prolonged judicial custody. [Para 2]
The prosecution argued that the petitioner was driving the vehicle in which the contrab...
Attempted Murder Conviction and Appeals – Conviction of appellants Bhima, Ravi, and Munesh under Sections 307/34 IPC for a stabbing incident in 2011 – Sentenced to 7 years of rigorous imprisonment and fines [Paras 1-4].
Suspension of Sentence Applications – Filed under Section 389 Cr.P.C. – Based on prolonged trial, incarceration, and claims of false implication – ...