Writ Petition – Quashing of Enforcement Case Information Report (ECIR) and Related Proceedings – Petitioner's plea for quashing of proceedings initiated through ECIR/09/HIU/2019 following compounding and quashing of predicate FIRs – Partly allowed, with continuation of ECIR based on a subsequent FIR. [Paras 1-3, 36-37]
Predicate Offences – Compounding and Q...
Criminal Bail Application – Regular bail sought under Section 439 Cr.P.C. – Challenge to Order dated 31.10.2022 – NDPS Act – Offences under Sections 8/21/22/23/29 NDPS Act – Seizure of narcotic drugs – Conspiracy involving petitioner and co-accused – Recovery of Heroin and Cocaine from parcels and residential premises – Petitioner in custody for more...
Ordering of blood tests in paternity disputes – Principles to be considered – Courts in India cannot order blood tests as a matter of course – Strong prima facie case of non-access required to dispel presumption of legitimacy – Consequences of ordering blood tests must be carefully examined, including potential stigmatization – No one can be compelled to give a blood ...
Criminal Revision Petition – Dismissal – Domestic Violence Act, 2005 - Marriage and Dowry Allegations – Respondent's claim of marriage in 2006 and dowry payment of Rs. 5 lakh. Assertion of domestic violence and harassment by the petitioner and his family, leading to the filing of a DV Act petition and a criminal case under Section 498A of IPC and the Dowry Prohibition Act. [P...
Criminal Quash Petition – Offences under Sections 132 and 135(1)(a) and (b) of The Customs Act, 1962 – Petitioner challenges Criminal Complaint and summoning order – Allegation of smuggling arms and ammunitions – Petitioner’s License used by father for import – Petitioner’s statement under Section 108 of the Act – Petitioner studying law and a nation...
Bail Application - Grant of Bail – Narcotic Drugs and Psychotropic Substances Act, 1985(NDPS) – Petitioner accused of possession of 36.740 grams of Methamphetamine, initially believed to be MDMA – Chemical analysis report confirmed substance as Methamphetamine, classified as intermediate quantity – Petitioner has no criminal antecedents – Held, considering the complet...
Quashing of FIR – Section 482 of Cr.P.C. – Serious Allegations of Extortion and Assault: The High Court declined to quash FIR No. 384/2021 - involving offences under Sections 323/341/384/506/34 IPC - in a case where the accused allegedly assaulted and extorted the complainant. Despite a compromise between parties, the Court found the allegations too serious - emphasizing the societal i...
Civil Revision – Challenge to impugned order – Application under Order 18 Rule 3-A, CPC declined – Rent Controller’s decision challenged – Petitioner seeks revision of the decision – Matter relates to eviction petition – Respondent failed to step into witness box – Petitioner raised objection, filed application under Order 18 Rule 3-A, CPC – Re...
FIR Registration – Denial of FIR registration and protection – Petitioner’s application for FIR registration and protection denied by the High Court – Application made under Article 226 of the Constitution of India and Section 482 Cr.P.C. [Para 1]
Application of Section 156(3) Cr.P.C. – Magistrate’s discretion in directing police investigation &ndas...
Bail Application – Money Laundering – Hawala Operations: Petitioner, Avtar Singh Kochar, accused in extensive money laundering case involving hawala transactions, seeks bail. Alleged role in facilitating transfer of crime proceeds within India and to Dubai. Linked to the Sukesh Chandra Shekhar extortion case. Case features spoofed calls, impersonating officials, and extorting Aditi Sin...