Summoning - Drugs and Cosmetics Act, 1940, Section 28 - Code of Criminal Procedure, 1973, Sections 468, 469 - Offence punishable under - Maximum punishment - Imposition of sentence - Scope of - Whether, in a case where an offence is punishable under Section 28 of the Drugs Act with a maximum imprisonment for a term of one year, the Court can take cognizance of the offence beyond the period of limi...
Criminal Trial – Scope of Evidence – Charge Framing – IPC Sections 302 and 304 Part II:
The Supreme Court ruled that the prosecution can lead evidence only according to the charge framed by the trial court. Once a lesser charge is framed, the prosecution cannot introduce evidence beyond that charge. In this case, the trial court discharged the accused from the offence under Se...
Bail application - Allegations under Prevention of Money Laundering Act (PMLA) - Serious allegations against accused Deputy Chief Minister/Excise Minister for formulating excise policy to benefit certain individuals and receiving illegal gratification - Defense challenges credibility of Enforcement Directorate (ED) case based on inconsistent statements and contradictions in witnesses' testimon...
Criminal Procedure – Anticipatory Bail – Scope and Limitations – Section 438 CrPC: The Supreme Court emphasized that when dealing with an application under Section 438 CrPC, the court must confine itself to determining whether the applicant has made out a case for anticipatory bail. Any conditions imposed must be appropriate, apposite, reasonable, and relevant to the scope o...
Criminal Law – Quashing of Proceedings – Jurisdiction and Legal Procedures – The Allahabad High Court addressed the legality of police action and judicial cognizance in a case involving election-related offences under Sections 171 H and 188 of the Indian Penal Code. The court scrutinized the jurisdictional aspects of FIR registration, charge sheet preparation, and the magistrate&...
Criminal Appeal – Acquittal in charges under Sections 306/498-A RPC – Lack of substantive independent evidence – Failure to prove abetment – Analysis of prosecution evidence – Dying declaration as primary evidence – No direct nexus between respondent’s actions and victim’s suicide – Testimony of star witnesses inconsistent – Cordial relat...
Abuse of Process of Law – Misuse of legal proceedings to achieve something for which no cause exists – Unjust continuation or initiation of criminal prosecution – Abuse of process amounts to unfairness and injustice to the complainant or prosecution – Examination of facts and circumstances in each case. (Para 110-112)
Fair Trial – Adjudicative functions o...
Quashing of Proceedings – Incompetence of Complainant – Inadequate Authority of Additional Chief Medical Officer – Pre-Natal Diagnostic Techniques Act Violations – Court holds that the Additional Chief Medical Officer, who filed the complaint, was not the ‘appropriate authority’ as mandated under Section 28 of the Act of 1994. Observes that the complaint w...
Appeal Against FIR Order Under SC/ST Act – Challenging order for FIR against ACP Bijender Singh under SC/ST Act for alleged misconduct during investigation of FIR No. 261/2019 – Original case involved parking dispute between complainant and police personnel, leading to allegations of atrocity under the SC/ST Act. [Paras 1, 2]
Investigation Conduct and Chargesheet Filing &n...
Criminal Procedure Code – Section 482 – Quashing of FIR – Petition under Section 482 CrPC challenging the order for FIR registration and its subsequent quashing – Dismissal of petition based on detailed investigation and material collected – Observations made not to be construed as an opinion on the merits of the case. [Para 9, 16]
Criminal Breach of Trus...