Criminal Law - Bank Fraud – Criminal Conspiracy – Misuse of Credit Facility – Conviction Upheld – The accused, in conspiracy with a bank manager, obtained fraudulent credit facilities, causing wrongful loss to the bank – Loan limits were enhanced despite non-payment of earlier dues, and cheques presented by the accused were dishonored – Held: The appellants coll...
Criminal Law – Quashing - Medical Termination of Pregnancy – Authorization and Gestational Age – Held: Sunrise Hospital was authorized to conduct MTP up to 16 weeks – Normal gestational age calculation using LMP showed pregnancy was within the permitted limit – No violation of Section 5(3) of the MTP Act – Proceedings quashed [Paras 6, 12-14].
Medical Termina...
Criminal Law - Sections 302/148/149 IPC – Appeal against conviction - Eyewitness Testimony – Reliability of Sole Witness – Interested Witness – Acquittal Granted – The conviction of the appellants was based primarily on the testimony of PW-1, who was a close associate of the deceased and had criminal antecedents – His conduct was found to be unnatural, and he wa...
Criminal Law - Quashing of FIR – Section 505(2) IPC – No Prima Facie Case – Allegation of false news report against the petitioner, a media network editor, for airing misleading information – The petitioner neither hosted nor participated in the broadcast – Held: No ingredient of Section 505(2) IPC met – FIR quashed [Paras 8-12].
Freedom of Press – Medi...
Criminal Writ – Maintainability of Writ for Registration of FIR – Availability of Alternative Remedies – Petitioner sought directions for registering an FIR against judicial officers and advocates, alleging collusion in land grabbing – Held: Writ petitions or petitions under Section 482 CrPC for FIR registration should not be entertained when statutory remedies under Sectio...
Quashing of Cross-Case – Delay of 12 Years – Re-Investigation Held Unjustified – The petitioner sought quashing of a cross-case (DDR) filed in 2012, arguing that he was declared innocent in the original investigation and no fresh material warranted reopening the matter – The Trial Court had ordered re-investigation without assigning any cogent reasons – Held: Re-inves...
Negotiable Instruments – Power of Attorney Holder Conducting Case – Trial Court’s Rejection Not Justified – The petitioner, who had filed a complaint under Section 138 of the NI Act, left for the UK for studies and appointed her father as power of attorney holder to conduct the case – The Trial Court rejected the application on the ground that the complaint did not co...
Criminal Law – FIR Quashing - Declaration as Proclaimed Person – Procedural Non-Compliance – Order Quashed – The petitioner was declared a proclaimed person in proceedings arising out of a complaint under Section 420 read with 120B IPC – The Trial Court issued a proclamation under Section 82 CrPC without first issuing summons or bailable warrants – Held: Failure...
Transfer of Investigation – CBI – Petition seeking transfer of investigation to CBI due to alleged bias and interference by influential respondents – Court finds investigation biased and aimed at weakening prosecution's case – Directions for CBI investigation issued [Paras 1-19].
False Affidavits and Fraud – Accusations against Amarjeet Kaur and her daughters f...
Negotiable Instruments Act – Section 138 – Conviction based on dishonour of cheque – Petitioner convicted and sentenced to rigorous imprisonment for two years and compensation of Rs. 5,50,000 – During revision, parties reached a compromise – Court directed statements to be recorded and verified the compromise – Genuineness confirmed, and proceedings quashed [Par...