Criminal Law - Murder – Kidnapping for Ransom – Child Strangulated and Buried – Conviction Upheld – Appellant lured minor child to his home under pretense, strangled him with a cotton rope, and buried the body in a salt-lined tank – Strong circumstantial evidence including discovery of body and incriminating materials at appellant's instance corroborated the prose...
Criminal Law – Murder - Appeals Against Conviction - Sole Eyewitness – Contradictions in Testimony – Conviction Set Aside – Informant (PW3), wife of deceased, alleged dragging and joint assault by accused – Cross-examination revealed inconsistencies regarding sequence and participation – Medical evidence did not support claim of dragging – Held: Sole...
Writ - Passport Issuance – Pending Criminal Trial – Right to Possess Passport Distinct from Right to Travel – Petition Allowed - Petitioner facing trial under Section 15 of the NDPS Act – Trial Court permitted him to apply for passport but not to travel abroad – Passport authority denied issuance citing absence of departure permission under Section 6(2)(f) of Passport...
Criminal Law – Challenge Illegal Arrest – Non-production Before Magistrate Within 24 Hours – Arrest Declared Illegal – The petitioner was detained at Delhi airport on 17.05.2025 at 17:30 hours and was produced before the magistrate only on 18.05.2025 at 22:45 hours – Court held this exceeds the statutory 24-hour limit under Section 58 of BNSS and violates Article 22(2...
Criminal Law – Dishonour of Cheques – Quashing of Proceedings – Appellant filed complaint under Section 138 of the Negotiable Instruments Act, 1881 against a Partnership Firm and its partners, including Respondent, for dishonour of cheques aggregating ₹6 crores – High Court quashed proceedings against Respondent under Section 482 CrPC on ground that he had retired from pa...
Family Law – Criminal Proceedings – Domestic Violence – Maintainability of Section 482 CrPC – Appellants challenged proceedings initiated under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 (DV Act) – High Court held that since the DV proceedings are civil in nature, they could not be quashed under Section 482 CrPC – Supreme Court hel...
Criminal Procedure – Proclamation and Attachment – Validity – The petitioner challenged the order of the trial court declaring him a proclaimed person and issuing a notice under Section 83 Cr.P.C. for the attachment of his property. The petitioner contended that the trial court conducted the proceedings in haste and did not adhere to the prescribed procedures under Section 82 Cr....
Criminal Law – Murder - Section 302, 34 IPC - Accid Attack - Conviction Based on Sole Eyewitness – Acceptability of Single Witness Testimony – Upheld – The conviction was based substantially on the testimony of the deceased's brother, who was an eyewitness to the occurrence – Held: Statement of a single eyewitness is sufficient for conviction if it inspires ...
Criminal Law – Cross-Examination Deferred – Not Illegal When Victim Untraceable – Petitioner challenged trial court order permitting examination of other witnesses without first cross-examining PW16 (victim)—Court held: Victim examined-in-chief but not traceable despite efforts—Trial Court rightly deferred cross-examination and proceeded with trial—No illegality...
Criminal Law - SC/ST Act – Quashing - Caste-Based Assault Allegation – Conviction Set Aside on Compromise – Trial Court convicted appellants under multiple IPC and SC/ST Act provisions—Allegation of caste abuse and assault over a local altercation—Held: Appellants and de facto complainant now residing in same village peacefully—Court accepted voluntary compromis...