Criminal Procedure Code – Section 311 and 482 – Summoning of Investigating Officer as Witness – Application under Section 482 Cr.P.C. dismissed – The Allahabad High Court in the case of Sanjeev Kumar And 3 Others v. State Of U.P., addressed an application under Section 482 Cr.P.C. challenging the trial court's refusal to summon the investigating officer under Section 31...
Rejection of application for temporary release on parole - Insufficiency of grounds - Violation of statutory provisions - Granting parole based on likelihood to endanger security of the State or maintenance of public order - Apprehensions without supporting material - Unsustainable order
Prisoners - Temporary release on parole - Rejection of application - Grounds for rejection - Apprehension of...
Criminal Law - Petitioner's Arrest and Prosecution – Seizure of foreign liquor leading to petitioner’s arrest – Allegation of unlawful possession, storage, and non-payment of duty – Raid by Bidhannagar Excise Department on 31.10.2018 – Prosecution under Bengal Excise Act, 1909 and West Bengal (Foreign Liquor) Rules, 1998. [Paras 5-7, 15]
Defense of the Petition...
Criminal Law - Arrest and Detention - Illegality and Non-Compliance with Statutory Provisions - The High Court of Bombay examined the legality of the arrest and detention of the petitioners, Chanda Deepak Kochhar and Deepak Virendra Kochhar, under the Code of Criminal Procedure (Cr.P.C.), in light of the statutory requirements of Sections 41, 41-A, and 60-A, and constitutional protections. The Cou...
Circumstantial evidence - Conviction based on circumstantial evidence - Principles - The circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established - The circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused - The circumstances taken cumulatively should form a chain so complete that there is no escape f...
Conviction for Murder – Appellant Usman convicted under Section 302 IPC for murdering his wife by strangulation – Life imprisonment and fine imposed – Child witness testimony crucial [Paras 2, 8, 18, 42-46, 50]
Child Witness – Evidence of son (P.W. 2), aged 6-7, asserting that appellant killed his mother by pressing a pillow on her mouth and using a rope for strangulatio...
Corruption and Falsification of Accounts – Insufficient Evidence – Appellant, a public servant, was convicted for offences under Section 13(1)(d)(ii) read with Section 15 of the PC Act and Section 477A of IPC – Alleged manipulation of records and wrongful gain not supported by material evidence – Investigation revealed no criminal charges against the appellant – Convi...
Criminal Law – Common Intention – Section 34 IPC – Appellants Sanjay Puran Bagde and Rajratna @ Nandu Bagde were convicted for holding the deceased while co-accused Manoj Puran Bagde and Puran Sakharam Bagde assaulted the deceased with axes – High Court reversed the trial court's acquittal, finding common intention based on their participation and presence at the crime ...
Criminal Law – Reversal of Acquittal – Evidence Assessment – High Court reversed the acquittal of the appellants, convicting them under Section 302 read with Section 34 of IPC based on the testimony of an eyewitness (P.W.2) and the recovery of incriminating items – Supreme Court emphasized the importance of corroborating evidence and the credibility of witnesses, especially...
Criminal Procedure Code, 1973 – Section 482 – Quashing of Proceedings – High Court considered the application for quashing the criminal proceedings against the applicants under Sections 153 and 506 of the Indian Penal Code. The applicants were accused of raising objectionable slogans and threatening people in a religious gathering. [Para 2, 3, 13]
Allegations and Inv...