Habeas Corpus – Detention or Voluntary Admission – Allegation of Illegal Custody – Petitioner contended that alleged detenue, a farmer leader on indefinite hunger strike, was illegally detained by the police while returning from a meeting with Government officials – State argued detenue was hospitalized due to health condition and was free to leave – Held: Detenue was...
Criminal Law – Quashing - Abetment of Suicide – Section 306 IPC – Suicide Note Alleging Cheating – No Proximate Act – FIR Filed 39 Days After Death – Accusations Based on Alleged Discovery of Death Note – Court found delay unexplained and suicide note insufficient to establish instigation or abetment – Citing Prakash v. State of Maharashtra, held tha...
Criminal Law – Appeal against conviction - Murder Trial – Contradictory Eyewitness Testimony – Conviction Reversed – Appellant convicted of murder of Zahid Khan alias Guddu— Prosecution relied on four eyewitnesses, but their testimonies conflicted on key facts such as presence, cause of death, and medical disclosure— Delay in recording statements, absence of blo...
Criminal Law – NI Act – Territorial Jurisdiction – Rejection of Complaint Reversed – Post-Dasharath Jurisdiction Clarified – Trial Court rejected complaint on grounds that the cheque dishonour occurred outside its territorial jurisdiction – High Court held complaint maintainable since accused had appeared and pleaded “not guilty” before Dasharath Roo...
Criminal Law - Quashing of FIR – Statement of Co-Accused – Not Grounds for Quashing at Initial Stage – Petition Dismissed – FIR against petitioner was based on statement of a co-accused regarding illegal liquor transport – Court held that though such statements are inadmissible at trial, they can form basis for initiating investigation – Held: At FIR stage, admi...
Criminal Law – Quashing - Prevention of Corruption Act – Disproportionate Assets – Quashing Set Aside – Prima Facie Case Found – Respondent charged for possessing assets disproportionate to known sources of income (Rs. 26.88 lakhs) during 2001–2008 – Discharge and revision applications dismissed on merits – Supreme Court held quashing petition under ...
Criminal Law – Quashing - Cheque Dishonour – Section 138 NI Act - Suppression of Material Facts by Complainant – Complaint Quashed – Respondent filed complaint without disclosing crucial letters from accused requesting documents to respond to statutory notice – SC held: Suppression of relevant facts amounts to abuse of legal process – Complaint and cognizance qu...
Criminal Law - Transition to BNSS – Interpretation of Section 531 – Date of Incident and FIR Crucial – Applications Maintainable Under CrPC Even If Filed After 01.07.2024 - High Court held that where the offence was committed and FIR registered prior to 01.07.2024, petitions filed under CrPC post this date are maintainable – Legislative intent and ejusdem generis rule suppo...
Criminal Law - Dowry Death – Suicide by Drowning – Acquittal Upheld – No Evidence of Instigation – Appeal Dismissed – Trial Court acquitted husband and in-laws of the deceased citing lack of cogent evidence of abetment or cruelty – Deceased Leelaben was living separately with husband – Medical and witness testimony failed to establish mental or physical cr...
Criminal Law – NI Act - Dishonour of Cheque – Conviction Confirmed – No Violation of Fair Trial – Trial Court Acted Within Discretion – Petitioner accused of issuing a cheque for ₹6,00,000 which was dishonoured due to insufficient funds – Court held that accused failed to cross-examine witnesses, ignored repeated opportunities including chance to lead defenc...