Criminal Procedure – Summoning Additional Accused – Examination-in-Chief – Appeal against High Court's quashing of the Trial Court’s order summoning additional accused under Section 319 CrPC – Supreme Court holds that accused can be summoned on the basis of examination-in-chief of the witness and need not wait till cross-examination – Prima facie case agains...
Criminal Law – Fabrication of False Evidence – Applicability of Section 195(1)(b)(i) CrPC – The Supreme Court examined whether the bar under Section 195(1)(b)(i) CrPC applies to prosecution by the investigating agency for offenses under Section 193 IPC committed during the investigation stage. It held that Section 195(1)(b)(i) CrPC does not bar such prosecution, provided the comp...
Prevention of Food Adulteration Act – Nomination of Responsible Person – Section 17 – The appellant contested the criminal proceedings initiated against him, asserting that he was not the nominated person responsible for the company, as per Section 17 of the Act. The Supreme Court held that the nomination in Form VIII, duly submitted to the Local Health Authority and received, co...
Criminal Law – Quashing of Proceedings – Section 482 CrPC – The appellants challenged the High Court's order quashing the criminal proceedings against the second respondent for offenses under Sections 420, 406, and 34 IPC. The Supreme Court held that the High Court erred in its decision, as the allegations in the complaint/FIR/charge-sheet disclosed the commission of offenses...
Criminal Procedure – Place of Inquiry and Trial – Section 117 CrPC – The Supreme Court considered the place of inquiry and trial under Section 117 of CrPC, which states that every offense shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. The cause of action as per the FIR arose in New Delhi where the matrimonial home of the p...
Negotiable Instruments Act – Dishonour of Cheque – Sections 138 and 141 NI Act – Quashing of Complaint – The appellant was neither a signatory to the dishonored cheque nor was the cheque drawn from her account – Section 138 applies to the individual who has drawn the cheque on an account maintained by him – Joint liability does not implicate individuals who are ...
Penal Code – Murder – Section 302 read with 34 IPC – Accused tried to extinguish fire after setting victim ablaze – Defense of accidental fire disbelieved – No burn injuries on feet and no stove found at place of occurrence – High Court rightly convicted accused for murder – Appeal dismissed [Paras 1-11].
Dying Declarations – Reliability – M...
Criminal Law – Bail – NDPS Act – Section 37 – High Court granted bail without proper application of mind – Seriousness of allegations and involvement in an international drug syndicate not considered – High Court's reasons, including respondent's education, irrelevant to bail decision – Appeal allowed, bail canceled [Paras 7-13].
Bail – Ju...
Criminal Law – Bail – IPC Sections 302, 307 – Arms Act – High Court granted bail to accused on the basis of parity – Co-accused's bail subsequently canceled by Supreme Court – Orders granting bail to respondents set aside – Respondents to surrender and may apply for fresh bail [Paras 1-19].
Bail – Judicial Discretion – High Court granted...
Penal Code – Voluntarily Causing Hurt – Summoning Order – Quashing – The delay in filing the private complaint and material improvements from the earlier NCR No. 158/2012 noted – Trial courts have a duty to prevent frivolous litigation at the initial stage – Summoning order quashed [Paras 1-20].
Evidence Act – Judge's Power – Section 165 &ndas...