Quashing of FIR – Abuse of Process – Prior Administrative Enquiry – Proceedings Quashed - The appellants, including two national-level badminton players and their parents and coach, sought quashing of criminal proceedings initiated on allegations of birth certificate falsification for sports selection – FIR was based on a private complaint relying on a 1996 GPF nomination f...
Criminal Law - Successive Bail Petition – Maintainability Before High Court After Earlier Rejections – Concurrent Jurisdiction – Petition Dismissed – The petitioner, accused of grave offences including sexual assault, sought bail under Section 439 Cr.P.C. despite prior dismissal by Sessions Court, High Court, and Supreme Court – Held: Though Sessions Court and High Co...
Criminal Law - Furlough Leave – Pending Criminal Case under NDPS Act – Conviction Required – Petition Allowed – The petitioner, a life convict under Sections 302 and 307 IPC, was denied furlough leave based on a pending case under the NDPS Act – Held: Rule 4(2)(e)(l) of Notification dated 02.12.2024 bars furlough for convicts under NDPS Act, but does not apply to unde...
Criminal Law - Murder – Conviction Under Section 302, 34 IPC – Conviction Set Aside – Acquittal - The appellants challenged their conviction for murder citing improper appreciation of evidence, dubious oral dying declaration, procedural lapses in investigation, and faulty Section 313 examination—High Court found multiple inconsistencies in prosecution story including ...
Criminal Law - Sexual Assault on Minor – Sections 6 read with 5(j)(ii), 5(l), and 12 & 11(v) of the POCSO, Sections 376(2)(n), 313, 498A, 506(i) of the IPC and Section 10 of the Child Marriage Act – Quashing Denied Despite Compromise – Petitioners, accused of repeated sexual assault on a minor girl leading to forced marriage and abortion, sought quashing of charges citing ami...
Cheque Bounce - Section 138 of the Negotiable Instruments Act – Legally Enforceable Debt – Cash Transaction Above ₹20,000 – Conviction Set Aside – The accused was convicted for issuing a dishonoured cheque for ₹9,00,000 allegedly towards discharge of a debt – The defence contended that the debt was created through a cash transaction in violation of Section 269SS o...
Criminal Law - CBI Investigation – Transfer of Probe – Section 174 CrPC & Sections 302, 304 IPC – Investigation Transferred to CBI – Appellant's daughter died under suspicious circumstances in a coaching-related hostel – Allegations of institutional apathy, medical negligence, conflicting CCTV evidence and suppressed forensic records – Local investigatio...
Criminal Law – Quashing of FIR – Section 156(3) Cr.P.C. – Quashing Denied – Petitioners sought quashing of FIR No. 380/2005 alleging inducement and breach of MoU by respondents – Magistrate ordered registration of FIR without prior complaint to police – High Court declined to quash FIR noting completion of investigation and filing of chargesheet – Supreme ...
Motor Accident Claim – Section 147, Section 163A, and Section 166 of the Motor Vehicles Act - Personal Accident Cover – Comprehensive Insurance Policy – Full Compensation Restored – The deceased, brother of the vehicle owner, died in an accident caused due to tyre burst while driving the insured vehicle – The Tribunal awarded Rs. 25,82,000/- under a personal accident ...
Sentencing – Retrospective Application of Law – Article 20(1) – Sentence Modified – The appellant was convicted under Section 6 of the POCSO Act for rape of a 5-year-old child and sentenced to imprisonment for the remainder of his natural life as per the 2019 amendment – Held: The amendment came into force after the date of offence (20.05.2019) and its retrospective a...