Criminal Law – Quashing of FIR – Appellants, members of a political party, sought quashing of FIR registered under Section 3(1) of the UP Gangsters & Anti-Social Activities (Prevention) Act, 1986 – FIR dated 30th April, 2023, based on a prior incident dated 10th October, 2022, wherein appellants were already booked under IPC Sections 147, 148, 149, 427, 307, 323, 504, 506 and...
Negotiable Instruments Act – Cheque Dishonor – Proprietorship Concern – Liability under Section 138 – Acquittal Upheld – A cheque drawn on the account of M/s Udai Continentals was dishonored – Appellant failed to prove that Respondent No. 2 (D.P. Singh) was the proprietor of Udai Continentals – Evidence established that the actual proprietor was Ms. Sarika...
Criminal Law - Rape and Unnatural Offence – Acquittal Challenged – Sections 376(2)(f) and 377 IPC – Acquittal Upheld – The appellant, mother of the victim, challenged the trial court's acquittal of the accused, her husband, on allegations of sexual assault of their minor daughter – Prosecution primarily relied on the testimony of the mother (PW.4) and the victim (...
Bail – Cheating and Forgery Allegations – Regular Bail Granted – Applicants alleged to have induced complainants to lend and pay over ₹2.55 crores under false pretenses of loan repayment and property sale while properties were mortgaged – Allegations include forgery of title deeds and No Objection Certificates (NOCs) – FSL report confirmed NOC signatures were not ge...
Criminal Law - Section 8(c) read with 20(b)(ii)(C), 28, and 29 of the NDPS Act – Illegal Possession and Conscious Custody – Conviction Confirmed – Accused intercepted while transporting 150 kg of ganja—Search and seizure compliant with Section 50 NDPS Act—Evidence of P.W.1 and independent witness P.W.3 held credible—Contraband properly seized, sealed, and produc...
Anticipatory Bail – Alleged Caste-Based Assault – Sections 3(1)(s), 3(2)(va) of the SC & ST Act - Prima Facie Offence Under SC/ST Act Not Attracted – Appeal Allowed – Appellant accused of attacking de facto complainant and using caste-based slur – Held: Allegations serious, but no prior criminal record – Prima facie ingredients of SC/ST Act offences not clea...
Criminal Writ – Sect. 396 of the BNSS - Custodial Death – Judicial Inquiry – Already Conducted – Request Declined – The petition sought a judicial inquiry into the custodial death of the petitioner’s son, who died following a gang fight inside Tihar Jail – Held: An inquest was conducted by the Metropolitan Magistrate, and FIRs were registered – Trial...
Criminal Law - Summoning of Advocates by Police – Privilege of Lawyer-Client Communication – Section 179 BNSS and Section 132 BSA – Interim Relief Granted - The petitioner, a practicing advocate, was summoned under Section 179 of the BNSS by the SC/ST Cell of Ahmedabad Police in relation to an FIR involving his client – The petitioner contended that being an advocate for th...
Criminal Law – Section 406, 420, 34 of the IPC - Debit Freeze of Bank Account – Power Under Section 102 CrPC – Applicability of BNSS Sections 106 and 107 – Debit Freeze Lifted – The petitioner challenged the debit freeze of its bank account imposed by the police during investigation of a cheating case involving transfer of money allegedly from the proceeds of crime &n...
Criminal Law - Cheating – Ingredients of Section 420 IPC – Conviction Unsustainable – Set Aside – Acquittal - The trial court convicted the appellant for the offence under Section 420 IPC based on the complainant’s allegation that the appellant, under the false promise of marriage, had sexual relations and took money from her and her family – Held: Mere allegati...