Negotiable Instruments Act – Section 138 – Summoning Order – Challenge to the summoning orders in cases of cheque dishonour under Section 138 of the Negotiable Instruments Act – Accusation of non-compliance with mandatory inquiry under Section 202 of CrPC by the Magistrate – High Court held that mandatory inquiry was conducted satisfactorily. [Para 1, 3, 14, 20-21, 25...
Criminal Misc. Case – Quashing of Proceedings under Section 498-A of IPC – Accused in a live-in relationship with the complainant’s husband – Whether the term “relative” under Section 498-A includes a woman in a romantic relationship with the husband – Strict construction of penal provision – Contextual interpretation – Quashing of FIR and Fina...
Habeas Corpus – Missing Child – Inadequate Police Action: Petitioner’s daughter went missing from a hospital. Despite CCTV evidence and involvement of known harasser Janu, police initially reluctant to register an FIR; higher authority intervention required. [Para 1]
Kidnapping – Involvement of Acquaintances: Janu and his cousin Ankit confessed to kidnapping th...
Criminal Revision Petition – Charges framed under Sections 420/467/468/471 IPC – Petitioner challenges the impugned order of the Revisional Court – High Court examines the legality of the charges and the deletion thereof – Whether the charges of forgery can be imposed on a person who is not the maker of the forged document – High Court upholds the impugned order. [Par...
Habeas Corpus – Missing Person Case – Petitioner's Wife Missing Since 19.11.2022 – Petitioner seeks Habeas Corpus under Articles 226 & 227 of the Constitution to produce his missing wife. [Para 1-2]
Police Investigation – FIR Registered Under Section 365 IPC – Complaint by Respondent No.2 Leads to FIR No.339/2023 – Efforts to Trace Missing L...
Criminal Law - Regular Bail - Petition filed under Section 439 Cr.P.C. seeking regular bail - Accused in custody for 2 years, 8 months, and 3 days - FIR registered under Sections 114, 216, 302, 120-B, and 34 IPC; Sections 30 and 25 of the Arms Act - Recovery of a different firearm from the petitioner compared to the alleged weapon used in the offense - Eight co-accused already granted regular bail...
Bail Application – Regular Bail in Multiple FIRs – Petitioner seeks regular bail in four FIRs (No. 42/2019, No. 33/2019, No. 10/2019, and No. 43/2019) under IPC Sections 420/406/120B related to allegations of cheating, fraud, and criminal breach of trust by Amrapali Group's directors in residential projects – Charges yet to be framed. [Para 1, 3, 4]
Allegations a...
Bigamy and Cheating Allegations – Proceedings against Petitioners for participation in second marriage ceremony of accused – Section 494 IPC applicable only to individuals who marry during the subsistence of their first marriage – Participation in ceremony alone does not attract Section 494 IPC liability [Paras 2-5, 7-10].
Application of Section 494 IPC – Pertains solely...
Bail application – Petitioner seeking bail under Section 439 of CrPC – Accused aged 19 years – Incarcerated for one year and two months – FIR registered under various sections of IPC and Arms Act – Petitioner has no criminal antecedents – Claiming further pre-trial incarceration would cause irreversible injustice – Court considering nature of allegations, ...
Bail Application – Medical Grounds – Petitioner’s Daughter’s Mental Health: Petitioner seeks interim bail due to his daughter’s mental health condition, particularly Paranoid Schizophrenia and suicidal tendencies. Recent incidents of acute anxiety and suicidal behavior by the daughter cited as grounds for bail. [Para 1-4]
Respondent’s Argument &ndas...