Criminal Law - Summoning of Additional Accused – Scope of Section 319 Cr. PC – Satisfaction beyond Prima Facie – Summoning Restored – The Sessions Judge allowed the appellant’s application under Section 319 Cr. PC to summon Rajesh Kumar and Neeraj as additional accused based on PW-1’s evidence alleging their direct involvement – The High Court reversed the...
Regular Bail - NDPS Act - Compliance with Section 50 – Procedural Violation Alleged – Petitioner alleged that search of vehicle and subsequent dissent memo were recorded in violation of Section 50, NDPS Act and Apex Court guidelines – Search was conducted before informing accused of his rights – Held: Prima facie violation noted but court refrains from making conclusi...
Negotiable Instruments Act – Section 138 – Valid Loan Transaction and Dishonoured Cheque – Conviction Upheld - The petitioner contended that no loan was availed and the cheque was misused – The Court upheld concurrent findings of both courts holding that the accused had availed Rs.1 crore as loan and had issued cheque (Ex.P4) and acknowledgment (Ex.P2 & Ex.P3) – D...
Criminal Procedure – Challenge to Cognizance – Revision Already Dismissed – 482 Application Dismissed – The applicants sought quashing of the cognizance order dated 01.03.2024 on the ground of jurisdiction, alleging that the FIR was beyond territorial jurisdiction and constituted a second FIR – The Court found that the challenge had already been rejected in revision b...
NDPS Bail – Prima Facie Evidence – Bail Rejected – The petitioner challenged her custody on the ground that her statement under Section 67 NDPS Act is inadmissible and the seizure was procedurally defective – The Court held that independent of the Section 67 statement, there were sufficient prima facie materials including parcel bearing petitioner’s name and number, d...
Bail Application – Prolonged Incarceration – Right to Speedy Trial – Bail Granted - Applicants had undergone pre-trial incarceration for over 13 years without conclusion of the trial – The Court held that such prolonged detention amounts to pre-trial punishment and violates the right to speedy trial under Article 21 of the Constitution – The trial was stalled due to m...
Criminal Complaint – Allegation of Theft – Contradiction by Subsequent Conduct – Complaint Quashed – The complainants alleged that the first appellant (wife) stole ornaments and valuables from her matrimonial home; however, the third respondent (husband) had filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights after the alleged theft...
Criminal Law – Challenge Registration of FIR - Section 156(3) CrPC – Mandatory Compliance with Section 154(1) and (3) CrPC – Non-Compliance Found – The complainant did not exhaust remedies under Section 154(1) and (3) before invoking Section 156(3) – The requirement of prior applications and averments was not satisfied – Application under Section 156(3) not main...
Criminal Trial – Conviction under Section 302 IPC – Violation of Section 313 CrPC – Conviction Modified - Appellant convicted under Section 302 IPC without being confronted with incriminating evidence relatable to Section 302 charge – Statement under Section 313 CrPC confined only to dowry death allegations under Section 304-B IPC – Held: Serious prejudice caused to a...
Criminal Law – Appeal against conviction - Delay in Lodging FIR – Unexplained Delay – Benefit of Doubt - There was unexplained delay between the time of the incident and the lodging of the FIR by the complainant, despite police presence at the scene – The Court held that the delayed filing cast doubt on the veracity of the prosecution case [Paras 12-13, 18].
Contradictio...