Criminal Procedure Code – Sections 156(3), 200, and 438 – Indian Penal Code – Sections 418, 419, 420, 405, 467, 468, 471, 474, 120B read with 34 – Fraud and misappropriation of funds – Setting aside of anticipatory bail – High Court granted anticipatory bail on the ground that the magistrate passed an order under Section 156(3) of the CrPC directing the complain...
Habeas Corpus – Minor Marriage – Release of Detenue – Detenue aged 17 and a half years asserted marriage with respondent and desire to live with him – No FIR registered against detenue or her husband – Marriage not void but voidable at detenue's option – Even without proof of marriage, partners entitled to live-in relationship – Prosecution not justifi...
Sanction for Prosecution – Protection under Section 197 CrPC – Allegation against public servant for criminal acts committed during discharge of official duties – Supreme Court held that sanction under Section 197 is required if the act is reasonably connected with the official duties – Protection intended to prevent unnecessary harassment of public servants while also ensu...
Criminal Law – Unlawful Assembly and Rioting – Appellants convicted for forming an unlawful assembly and rioting with the common object to snatch voters list and cast bogus votes – Incident occurred during a general election, causing injuries to several individuals – Convictions under Sections 323 and 147 IPC affirmed – Supreme Court stresses the importance of free an...
Compounding of Offences – SEBI Act – Section 24A – Supreme Court held that SEBI's consent is not mandatory for the SAT or the Court to compound offences under Section 24A of the SEBI Act – The statute does not stipulate that SEBI’s consent is necessary for compounding – Guidelines for compounding offences under Section 24A outlined, emphasizing the need to c...
Judicial Impropriety – Pendency of Petition – Section 156(3) Cr.P.C. – Application by Magistrate during pendency of petition under Section 482 Cr.P.C. before High Court – Held, absence of any such infirmity – Magistrate's power under Section 156(3) Cr.P.C. is a statutory power – Order by Magistrate not an act of judicial impropriety [Paras 1-30].
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Criminal Law – Bail Cancellation – Serious Offences – Appellant sought cancellation of bail granted to the second respondent convicted of murder under Section 302 IPC – High Court had suspended the sentence and granted bail during the pendency of appeal – Supreme Court highlighted the failure of the High Court to consider material aspects, including the respondent'...
Criminal Law – Bail Cancellation – Serious Offences – The appellant challenged the High Court's decision to grant bail to the accused in a case involving the brutal murder of his brother, Sumer Singh, who was a BSF member on leave – Supreme Court found that the High Court failed to provide adequate reasoning or consider the seriousness and brutality of the crime –...
Criminal Law – Leave to Appeal – Acquittal – Appellant challenged the High Court’s denial of leave to appeal against the acquittal of the accused for offences under Sections 302, 304B, and 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act – Supreme Court held that the High Court failed to provide adequate reasoning or properly scrutinize the evidence and find...
Criminal Law – Inherent Powers – High Court's Discretion – Supreme Court held that the High Court has the inherent power under Section 482 CrPC to grant interim protection in exceptional cases, with caution and circumspection, and by providing brief reasons – The impugned High Court order granting stay and interim protection to the respondents in criminal proceedings wa...