Criminal Law - Quashing of FIR – Section 482 CrPC – FIR registered under Sections 384, 511, and 506 IPC for alleged extortion and threat – Petitioner accused of attempting to extort money by threatening to implicate the complainant in a false rape case – Held, non-disclosure of previous application under Section 156(3) CrPC by complainant – Legal issues can be raised ...
Criminal Law - Revision Petition Dismissal - Application for Exemption - Criminal Miscellaneous Case under Section 482 CrPC - Petitioner was summoned under Section 138 of the Negotiable Instruments Act - Filed a revision petition along with an application for exemption from filing the certified copy of the impugned order due to its unavailability - Sessions Court dismissed the revision petition wi...
Criminal Law - Pre-Arrest Bail - Confirmation of Interim Bail - Criminal Miscellaneous Case under Section 438 CrPC - Petitioner sought pre-arrest bail for offences under Sections 406 and 498-A IPC - Interim bail was granted, and the petitioner was directed to join the investigation - Investigation concluded, and some dowry items were not recovered - Mere non-recovery of certain dowry items not a s...
Criminal Law – Marital Disputes – Settlement and Conviction: The Supreme Court held that the conviction under Section 498-A IPC should be quashed in light of the settlement between the appellant and his wife, who have resolved their disputes and are now living together harmoniously. The High Court erred in not setting aside the conviction despite acknowledging the settlement. Appeal al...
Criminal Law – Negotiable Instruments Act – Vicarious Liability under Section 141 – Criminal Appeal against summoning orders issued under Section 138 of the Negotiable Instruments Act without referring to Section 141 – Petitioners argued they were neither signatories of the cheques nor responsible for the company’s daily affairs – Court quashes the summoning ord...
Criminal Law – Summoning of Witness – Petition under Section 311 Cr.P.C. – Criminal Appeal against the trial court's order dismissing the application to summon an eyewitness – Petitioner argues essential evidence was not adduced due to inadvertence – Supreme Court principles emphasize the need for Courts to permit correction of such oversights to administer justic...
Criminal Procedure Code, 1973 – Negotiable Instruments Act, 1881 – Sections 138, 141 – Petitions for quashing complaints under Section 138 NI Act and summoning orders – Business dealings and transactions involving purchase of paddy crops – Cheques signed by co-accused/Director of the Company – Authorized person responsible for day-to-day business of the Company,...
Dowry Death – Circumstantial Evidence – Conviction under Sections 304B and 201 read with Section 34 IPC – Prosecution's case based solely on circumstantial evidence – No eye-witness testimony on how the deceased's body was found on the riverbank – Two hypotheses: (1) deceased killed within the home and body disposed in the river; (2) deceased taken to the rive...
Robbery with Deadly Weapon – Section 397 IPC – Conviction of appellant under Sections 392 and 397 IPC challenged – Prosecution failed to prove use of firearm by appellant – Co-accused alone used the firearm – Charge under Section 397 IPC requires offender to use deadly weapon – Appellant’s involvement proved for robbery under Section 392 IPC but not under ...
Culpable Homicide Not Amounting to Murder – Sentence Reduction – Incident arose from a sudden quarrel over land dispute – No premeditation or preplanning – Appellant convicted under Section 304 Part II IPC – Sentence reduced from ten years to two years rigorous imprisonment with a fine [Paras 1-13].
Background of Dispute – Civil Suit Pending – Dispute o...