Privacy – Right to Privacy – Allegations of unauthorized surveillance using Pegasus spyware – Supreme Court addresses concerns over privacy infringement and the potential chilling effect on freedom of speech and press – Emphasis on reasonable expectation of privacy and the necessity for restrictions to pass constitutional scrutiny [Paras 27-36].
Surveillance and National...
Criminal Procedure Code – Section 482 – Quashing of Proceedings – Supreme Court observed that mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction – The Court emphasized the distinction between a civil dispute and a criminal offense – The High Court err...
SC/ST Act – Quashing of Proceedings – Compromise – Using casteist slur against a neighbor – Compromise reached between the parties – Supreme Court invoked powers under Article 142 to quash the proceedings – Offence considered predominantly private and civil in nature, rooted in a pre-existing civil dispute – No mental depravity exhibited by the appellant &...
Attempt to Commit Rape – Distinction between Preparation and Attempt – Respondent lured minor girls, took them inside a room, closed the doors, undressed them, and rubbed his genitals against theirs – High Court reduced conviction to 'outraging the modesty' under Section 354 IPC – Supreme Court held acts were beyond preparation and amounted to an attempt to commit r...
Negotiable Instruments – Section 138 Conviction – Compromise – Conviction under Section 138 of the Negotiable Instruments Act – Petitioner sentenced to rigorous imprisonment and compensation – Appeal dismissed – During revision, parties reached a compromise – Court observed that as the offence is compoundable and the compromise is bona fide, the conviction...
Organized Crime – Quashing of Charge Sheet – Prior Approval – High Court quashed charge sheet against accused under KCOCA – Supreme Court held High Court exceeded jurisdiction – High Court failed to consider prior sanction and cognizance by competent court – Approval under Section 24(1)(a) of KCOCA for organized crime valid – Specific role of accused not r...
Anticipatory Bail – Absconder – Proclaimed Offender – High Court granted anticipatory bail to an accused despite proclamation under Sections 82-83 CrPC – Supreme Court held that absconders or proclaimed offenders are not entitled to anticipatory bail – High Court erred in granting anticipatory bail without considering relevant legal precedents and facts – Order ...
Furlough Leave – Public Peace and Tranquillity – High Court directed release of respondent on furlough – Supreme Court set aside High Court's order – DGP's refusal of furlough based on prisoner's conduct and potential threat to public peace upheld – Respondent engaged in illegal activities in jail, had significant criminal influence, and a large following ...
Criminal Proceedings – Civil Dispute – Promised Jobs in Italy – High Court declined to quash proceedings under Sections 406 and 420 IPC despite civil nature of allegations – Supreme Court quashed proceedings, noting the predominantly civil flavor of the dispute and previous settlement between the complainant and main accused – Allegations revolved around money paid fo...
NIA Act – Continuation of Investigation – Once the Central government directed the NIA to take over the investigation under Section 6(4) of the NIA Act, the ATS Nanded had a duty to continue the investigation until the NIA actually took over – The investigation by ATS Nanded and filing of the charge-sheet were valid under Section 6(7) of the NIA Act [Paras 19-23].
Jurisdiction...