Criminal Law – Quashing of FIR – Forged Certificate Allegations – Petition Dismissed – Petitioner sought quashing of FIR and charge-sheet for allegedly using forged documents to secure army employment – FIR was filed by a neighbor allegedly in retaliation for a civil dispute – Court held: Prima facie case made out; FIR discloses cognizable offences – Claim...
Criminal Law - Bail Cancellation – Misuse of Liberty – Grounds Justified – Bail Cancelled – Petitioner sought cancellation of bail granted to private respondents in FIR No. 183 of 2016 for offences under Sections 307, 326, 323 IPC etc. – Respondents allegedly committed fresh offences post-bail including trespass and physical assault on the complainant and his family &...
NDPS Act – Bail – Commercial Quantity and Twin Conditions under Section 37 – Bail Denied – Petitioners sought bail in FIR No. 72 of 2020 involving recovery of over 3 crore intoxicant tablets and capsules – Allegations of operating a multi-state drug network involving illicit manufacture, supply, and sale of psychotropic substances – Court held: Despite prolonged...
Criminal Law – Gang Rape – Appeal Against Conviction - Sole Testimony of Prosecutrix – Material Contradictions – Appeal Allowed - The Court held that conviction based solely on the testimony of the prosecutrix could not be sustained when her statements under Section 164 CrPC were materially contradictory and uncorroborated – The prosecutrix initially claimed no physic...
Criminal Law - Custodial Death – Demand for Independent Investigation – Local Police Involved – CBI Directed to Take Over – Allegations of police brutality leading to the death of Deva Pardhi in custody prompted a plea by relatives seeking transfer of investigation from local police, who were the accused themselves – Supreme Court found that no arrests were made eight...
Criminal Law – Murder – Appeal Against Acquittal - Identification in Court – Failure to Prove Guilt Beyond Reasonable Doubt – Appeal Allowed - The Supreme Court held that failure by eyewitnesses to identify accused in court as perpetrators of the crime was fatal to the prosecution's case – Mere naming of individuals in deposition without proper court i...
Criminal Law - Quashing – Declaration as Proclaimed Person – Procedural Lapses – Petition Allowed – The petitioners challenged their declaration as proclaimed persons under Section 82 Cr.P.C. without proper compliance – Held: The trial court failed to record satisfaction or reasons indicating belief that the petitioners were absconding or concealing themselves –...
Criminal Law - Murder Trial – Acquittal Challenged – Eyewitness Evidence Unreliable – Appeal Dismissed – The trial Court acquitted all accused in the murder of Mahadevan, citing contradictions, lack of corroboration, and absence of credible eyewitness testimony – The High Court held that the prosecution witnesses were inconsistent, lacked credibility, and their accoun...
Criminal Law - Sexual Offences – Conviction under Section 354 IPC – Unreliable Testimony – Acquittal Ordered – Trial court convicted appellant for outraging modesty of a minor after framing of rape charge under Section 376 IPC – Victim’s father denied lodging FIR and was declared hostile – Victim disowned her statement under Section 164 CrPC and failed to ...
Criminal Procedure – Inherent Powers under Section 482 CrPC – High Court Cannot Recall Quashing Order – Held Without Jurisdiction - The Supreme Court held that once a final judgment quashing an FIR is passed, it cannot be recalled under Section 482 CrPC due to the bar under Section 362 CrPC – High Court exceeded jurisdiction by reviving a quashed FIR on grounds of compromis...