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...
Conspiracy and Forgery in Revival of Defunct Societies – Allegations against petitioners for fraudulent revival of Arvind Cooperative Group Housing Society, forgery of documents, and cheating Government of NCT Delhi and DDA for land allotment – Petitioners allegedly involved in conspiracy with government officials and other co-accused. [Paras 2.1-2.12]
Role of Petitioners and Bank T...
Criminal Procedure Code 1973 (CrPC) – Section 482 – Quashing of criminal complaint – Unexplained inordinate delay must be taken into consideration as a crucial factor for quashing a criminal complaint – Over four-year gap between initial investigation and complaint filing, with no evidence provided to sustain the claims – High Court must detail cases to prevent miscar...
Criminal Procedure Code 1973 (CrPC) – Section 427 – Sentence on offender already sentenced for another offence – Theft of electricity – Sentences in nine cases – If a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, such subsequent term of imprisonment would normally commence at the expiration of the impriso...
Evidence – Multiple dying declarations – Legal position summarized – If the court concludes a dying declaration is true and reliable, made without tutoring, duress, or prompting, and when the declarant was physically and mentally fit, it can be the sole basis for conviction – In case of inconsistencies, the declaration by a higher officer (e.g., Magistrate) can be relied up...
Criminal Procedure Code – Quashing of Proceedings U/S 138 NI Act – Section 482 CrPC – The High Court of Delhi, in exercising its inherent powers under Section 482 of the Criminal Procedure Code, quashed the summoning order against the petitioner in a case pertaining to a cheque bounce under Section 138 of the Negotiable Instruments Act. The court scrutinized the involvement of th...