Criminal Contempt — Social Media Campaign — Scandalising the Court — Judicial Independence — Section 2(c) of the Contempt of Courts Act, 1971 — Respondents, aggrieved by orders passed by this Court in a criminal revision petition, initiated a coordinated and sustained public campaign through social media platforms, press conferences, edited videos and public letters, ...
Criminal Procedure — Proclaimed Person — Section 82 CrPC — Mandatory Requirements — Non-Compliance — The petitioner was declared a proclaimed person vide order dated 14.12.2023 in an FIR involving kidnapping, extortion and cheating — The trial Court, while passing the impugned order, merely observed that the mandatory period of 30 days had expired and proceeded ...
Criminal Law – Murder – SC/ST Act – Acquittal – Appellant convicted under Sections 302 and 323 IPC and Sections 3(2)(v) and 3(1)(x) of the SC/ST Act by the Special Sessions Judge and sentence confirmed by the High Court of Telangana – On appeal, Supreme Court finds that the prosecution case rested on weak, contradictory and crumbling evidence – Occurrence of the...
Anticipatory Bail — Second Petition — Maintainability — No Change in Circumstances — The petitioner filed a second petition for anticipatory bail under Section 482 BNSS within ten days of dismissal of the first petition on 06.04.2026, without disclosing any substantial or drastic change in circumstances — Held: A successive anticipatory bail petition filed without mat...
Indian Penal Code 1860 - Sections 363 377 and 506 - POCSO Act 2012 - Section 4 - Kidnapping and Unnatural Sex - Identification of Accused - Victim admitted it was dark at the time of the incident and he did not know the accused from before - No Test Identification Parade was conducted - Held - Prosecution failed to explain how the accused was named in the FIR when the victim had no opportunity to ...
Criminal Law - Indian Penal Code 1860 - Section 300 Exception 1 and Exception 4 - Section 302 - Section 304 Part I - Culpable Homicide not amounting to murder - Sudden Fight - Grave and sudden provocation - Accused and deceased were friends and attended a birthday function where alcohol was consumed - Altercation arose over a missing mobile phone and insults were traded regarding female family mem...
Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Quashing of FIR - Scope of interference - Rice millers challenged FIRs alleging shortage of paddy stocks - Held - At the quashing stage the High Court must not act as a trial court by weighing evidence or testing the truth of allegations - The only test is whether the allegations taken at face value prima facie make out the ingredients of the...
Preventive Detention – PITNDPS Act – Section 3(1) – Non-Application of Mind – Relevant Ground for Bail Ignored – Detention Order dated 13.05.2025 was passed against the petitioner based on her involvement in four FIRs under the NDPS Act and four other FIRs relating to illicit liquor trade – The Detaining Authority referred to the bail order dated 19.09.2024 pass...
Narcotic Drugs and Psychotropic Substances Act 1985 - Section 37 - Bail - Commercial Quantity - Mandatory twin conditions - Satisfaction of Court regarding reasonable grounds for believing accused is not guilty and unlikely to commit offence while on bail is prerequisite - Existence of six criminal antecedents under NDPS Act for similar offences indicates petitioner failed to satisfy the aforesaid...
Criminal Procedure – Absconding Accused – Non-Bailable Warrant – Proclamation – Attachment – BNSS – Procedure Restated – Applicant released on bail in Sessions trial for offences under Sections 307 and 504 IPC – Charges framed on 14.02.2024 in his presence – Applicant absent without exemption application from 12.08.2024 – NBW issued on 18...