Criminal Law - Kidnapping – Enticing Minor Girl – Section 363 IPC – Conviction Upheld - The appellant enticed the 15-year-old victim from her father’s shop on the pretext of watching a movie with false representation of parental consent – Thereafter, he threatened her and took her to another city – Held: The act constitutes kidnapping from lawful guardianship un...
Criminal Law - Prevention of Corruption – Demand and Acceptance of Bribe – Section 7 and Section 13 of the Prevention of Corruption Act – Conviction Upheld – The appellant, a Central Excise Inspector, was convicted for demanding ₹300/- from a factory supervisor for issuing an excise registration certificate – The trial court and High Court concurrently held that dem...
Anticipatory Bail – Maintainability Despite Section 35 BNSS – Sessions Court Erred in Disposing Petition – Petitioner sought anticipatory bail in a case under the Bharatiya Nyaya Sanhita and Arms Act – Sessions Judge declined to decide the bail plea, instead referring petitioner to approach the police citing a prior High Court judgment – Held: Such abdication of judic...
Bail – Illegal Quarrying – Sections 447, 427, 379 r/w 34 IPC, Section 3 PDPP Act, Sections 21(1), 21(4) MMDR Act, Sections 120-B, 109, 290, 506 IPC, Sections 3 & 5 Explosive Substances Act, and SCs & STs Atrocities (PoA) Act – Bail Granted with Conditions – The appellant, former Minister and MLA, was implicated in large-scale illegal extraction of quartz and f...
Criminal Law – Cognizance under BNSS – Section 223(1) BNSS – Mandatory Prior Notice to Accused – Procedural Safeguard – Complaint under Section 222 BNSS for defamation – Magistrate took cognizance and ordered pre-summoning evidence without prior notice – ASJ set aside cognizance for want of notice but upheld pre-summoning evidence – Held: Under BNSS,...
Criminal Law – Dismissed In Default for Non-Prosecution – Section 256 CrPC – Acquittal of Accused – Complaint Cannot Be Restored – Magistrate Lacked Jurisdiction - Complaint under Section 138 NI Act was dismissed in default due to complainant’s absence, and the accused was present – Held: This amounted to acquittal under Section 256(1) CrPC – The Mag...
Criminal Law – Conviction under Section 411 IPC – Theft Not Proved – Conviction Unsustainable – Appellant was convicted under Section 411 IPC for allegedly receiving stolen property after helping co-accused dispose of a dead body – However, both appellant and co-accused had been acquitted under Section 379 IPC for theft – Supreme Court held that conviction under...
Criminal Law - Bail – Sections 302, 307, 333, 353 of the IPC - Non-Reasoned Order – High Court’s Grant of Bail Without Recording Reasons – Set Aside – The respondent-accused was granted bail by the High Court in a serious offence involving the murder of a project coordinator and his bodyguard – Supreme Court found that the High Court failed to assign any reasons...
Criminal Law – Obstruction of Public Servant – Quashing of FIR – SHO allegedly obstructed a process server from serving court summons/warrants – Process server was allegedly humiliated, detained, and punished within the police station – Administrative Civil Judge filed a complaint under Section 195 Cr.P.C. – Chief Metropolitan Magistrate erroneously directed pol...
Criminal Law – Bail in Corruption and Conspiracy Case – Delay in Trial and Right to Liberty – Bail Granted - The appellant was incarcerated for nearly three years under charges of corruption and forgery under IPC and PC Act – Investigation completed, charge sheet filed, but charges not framed – Held: Continuing incarceration without framing of charges or examining wit...