Criminal Law – Negotiable Instruments Act – Compounding of Offence – In the case of Devender Sharma versus State NCT of Delhi & Anr, the High Court of Delhi, presided by Hon'ble Mr. Justice Manoj Jain, dealt with a revision petition under Section 397, read with Sections 401 & 482 of Cr.P.C., challenging the conviction and sentence under Section 138 of the Negotiable I...
Criminal Appellate Jurisdiction - Framing of Additional Charge - Accused charged under Sections 302, 498-A, 120-B of IPC - Prosecution alleges abetment of suicide - Additional charge framed under Section 306 IPC - Challenge to the framing of the additional charge. (Para No. 1, 4, 5, and 8)
Jurisdiction of Trial Court - Power to alter or add charges - Section 216 of Cr.P.C. - Additional charge f...
Facts: The petitioner sought to quash an order allowing the recall of PW5 for cross-examination through video conferencing in a criminal case where he was accused of abusing a Judicial Officer. [Para 4]
Issues: The issues were related to the legality of the trial Court's decision to recall PW5 for cross-examination through video conferencing and whether the accused's rights were a...
Criminal Writ Petition – Quashment of interception orders under the Indian Telegraph Act 1885 – Violation of right to privacy – Compliance with Article 19 and 21 of the Indian Constitution – Lack of sufficient reasoning and procedural safeguards. (Para 1)
Provisions of Section 5(2) of the Indian Telegraph Act – Requirement for occurrences of public emergency or int...
Facts:
The accused were charged with the murder of Shihab, allegedly committed using an Ambassador car (MO11) and a motorcycle (MO13). The prosecution claimed that the accused were members of the organization RSS and had targeted Shihab, who was the prime accused in the murder of an RSS member. The case was built on the evidence of two witnesses (PW1 and PW2) and the seizure of the vehicles. Th...
Criminal Law - Quashing of FIR - Parameters: The Court reiterated the parameters for quashing an FIR, as established in State of Haryana v. Bhajan Lal, including scenarios where the allegations do not constitute an offense, the allegations are absurd, and the proceedings are manifestly attended with malice.
Facts - Allegations - Investigation: The appellant challenged an order of the High Court...
Bail Application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) - Petitioner seeks bail in a case registered under Section 376 of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) - Allegations of sexual assault on a six-year-old victim - Medical evidence prima facie supports prosecution's case - Defense claim...
Appeal allowed - FIR quashed against appellant - No specific allegations against appellant in FIR - Allegations vague - No particular role attributed to appellant - Delay in lodging FIR - Possibility of personal grudge or vengeance - Observations limited to this case - No impact on other pending proceedings.
Legal Principles - The Court may quash criminal proceedings if the FIR is vague, lacks ...
Facts - Police investigation in the present case recorded statements of Mr. Tanveer Khan and Mr. Nirmal Paul, witnesses mentioned by Respondent No.2 in her FIR. The witnesses did not support Respondent No.2's allegations.
- Respondent No.2 falsely claimed that the company, Max Life Insurance, did not take cognizance of her complaints, even though an inquiry was conducted into them.
- The...
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Incomplete Challan – Statutory Bail – Three petitions involving common question of law under NDPS Act – Seizure of Tramadol and Codeine, constituting commercial quantity – Incomplete challan due to absence of FSL report – Right to seek statutory bail after 180 days of arrest without complete chall...