Criminal Law – Economic Offence – Bail in ₹24.74 Crore - Misappropriation Case – Petitioners accused of misappropriating funds from a co-operative society in conspiracy with staff – Allegations relate to period 2021–2024 – Petitioners are Grama Panchayat and District Panchayat members – Held: Despite gravity, bail granted due to absence of custodial inte...
Criminal Procedural Law - Magistrate’s Power to Take Cognizance – Sections Not in Charge-Sheet – Magistrate Not Bound by Police Opinion – Held: Magistrate under Section 190(1)(b) CrPC (now Section 210 BNSS) is empowered to take cognizance of any offence disclosed by materials on record, even if not included in the charge-sheet – Reiterated that material, not the label...
Criminal Law – Rape – Appeal against conviction – Delay in FIR and Unexplained Silence – Conviction Set Aside – The prosecutrix reported repeated sexual assault months after the alleged incidents, only after pregnancy was discovered – No complaint made earlier despite residing with family – Held: Unexplained delay in filing complaint and absence of disclos...
Criminal Law - Exemption from Personal Appearance – Routine Rejection of Section 317 CrPC Petitions – Held Arbitrary – Trial Court rejected exemption petition on grounds of repeated past defaults – High Court held that discretionary powers must be exercised judicially, especially when supported by justifiable medical reasons – Rejection without considering circumstanc...
Criminal Law - Framing of Charges – Abetment of Suicide – Ingredients Not Made Out – Charges Quashed – The petitioner, a constable, was accused of abetting his wife's suicide by poisoning – Court found no specific evidence of dowry demand or cruelty – Multiple statements revealed only ordinary domestic discord, not instigation or cruelty sufficient to frame ...
Criminal Law - Quashing of Criminal Proceedings – Section 9, 10, 11, 12 & 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 - Lack of Prima Facie Evidence – Case based on CDRs and Transcripts – Quashing Allowed - The petitioners challenged the FIR, charge sheet, and summoning order alleging conspiracy and illegal gratification to obtain a loan from Sy...
Criminal Law – Quashing - Domain Name Dispute – Criminal Charges Quashed – Civil Dispute Mischaracterized – The petitioner was accused of impersonating the Chancellor of Alliance University and fraudulently attempting to take control of the university’s domain name – Held: Allegations arise from civil dispute over institutional control post-termination – E...
Criminal Law - Transfer Investigation To CBI - Murder Allegation – Conflict Over Property and Will – Suspicious Circumstances – CBI Investigation Justified – Respondents alleged that the deceased was coerced over property ownership by associates of a late MP, leading to his suspicious death – Original investigation by SIT was held to be flawed and lopsided – Hig...
Criminal Procedural Law - Set-Off under Section 428 CrPC – Interpretation of “Same Case” – Set-Off Denied – The Court ruled that remand periods under PT warrant while serving sentences in unrelated cases cannot be set off under Section 428, Cr. PC unless it pertains to the same case in which conviction occurs – Held that the term “same case” is cruci...
Criminal Procedure – Alteration of Charges – Power Under Section 216 CrPC Exclusive to Court – Petition by Prosecution Impermissible - Court reaffirmed that only the trial court, not any party, can invoke Section 216 CrPC to alter or add charges – Held: Filing of such petitions by prosecution or accused is contrary to the scheme of the Code and delays justice [Paras 16-20]....