Criminal Law – Non-Bailable Warrant and Proclamation – Simultaneous Issuance Impermissible – Orders Quashed – Trial Court issued NBWA and proclamation against petitioner without prior proof of absconding or service of summons – Held: Such simultaneous issuance violates Sections 82 and 87 CrPC – Proclamation must follow failed execution of warrant based on materi...
Money Laundering – Bail on Medical Grounds – Section 45(1) PMLA – Interim Bail Granted – The petitioner, suffering from Spinocerebellar Ataxia Type 12, a rare and incurable neurodegenerative disorder, sought bail on grounds of being “sick and infirm” – Medical Board confirmed severe physical and cognitive disabilities – Held: The petitioner falls wit...
Freedom of Religion – Article 25 of the Constitution – Scope of Worship – Right to Worship Upheld with Restrictions – The Court reaffirmed that public worship is a constitutional right but not absolute – Held: Installation and immersion of Vinayagar idols must conform to public order, environmental laws, and administrative guidelines – Right to worship cannot ov...
Criminal Law - Preventive Relief – Quashing of Notice - Section 160 Cr.P.C. – Political Vendetta Allegation – Petitions Dismissed - Petitioners sought protection from arrest and quashing of notices issued under Section 160 Cr.P.C. in relation to FIRs involving NDPS and Prevention of Corruption Act alleging political harassment after dissociating from ruling party – Held: As...
Criminal Law – Conviction for Repeated Rape of Minor – Testimony of Prosecutrix Reliable – Conviction Upheld – The prosecutrix, minor step-daughter of the appellant’s live-in partner, alleged repeated acts of rape over two years at two residences – The Trial Court convicted the appellant based on her consistent and credible testimony – Held: Her vers...
Negotiable Instruments Act – Cheque Dishonour – Section 138 – Appeal Against Acquittal Dismissed – The appellant/complainant alleged that the accused issued four cheques towards repayment of a loan of ₹1,80,000/-, all of which were dishonoured due to insufficient funds – Trial court acquitted the accused citing lack of proof regarding execution and issuance of the c...
Criminal Law - Appeal against Conviction and Death Sentence – Sections 302, 376(2)(g), 201 IPC – Entire case based on circumstantial evidence, recoveries of victim’s belongings, DNA reports, and alleged suspicious conduct of accused – Court held investigation marred by serious lapses, recoveries were planted, DNA evidence inadmissible for want of chain of custody and proof,...
Criminal Law - Delay in Judgment – Non-Pronouncement After Hearing – Appeal Allowed - Criminal appeal heard and reserved for orders on 24.12.2021 was not decided even after over a year, causing prejudice and denial of justice to appellant – Supreme Court held that such delay is shocking and unacceptable – Highlighted systemic issue of judicial delay and absence of mechanism...
Domestic Violence Act - Limitation – Application under Section 12 DV Act – Not Barred by Limitation – Application Maintainable - Petitioner sought quashing of complaint filed under Section 12 DV Act on the ground that the incident of domestic violence dated back to July 2019 and complaint was filed in February 2022, allegedly beyond the period of limitation under Section 468 CrPC...
Criminal Law – Quashing of FIR and Criminal Proceedings – Prima Facie Case Made Out – Petition Dismissed – The petitioner, a former UD Clerk in Kerala Water Authority, sought to quash proceedings in C.C. No. 9/2022 alleging inordinate delay and absence of prima facie material – Allegations involved misappropriation of ₹24,755 by forging cheque counterfoils and falsi...