Criminal Law – Defamation and Requirement of Sanction for Prosecution – Petition Dismissed – Petitioner filed a petition under Section 482 of the Cr.P.C. seeking to set aside the order of the Additional Sessions Judge which allowed a revision petition, setting aside an earlier Magistrate’s order that summoned the respondent to face trial for defamation under Sections 499 an...
Criminal Appeal – Identity of Accused – Absence of Test Identification Parade – Conviction Set Aside - Star witnesses failed to describe the accused's unique characteristics during the investigation – No test identification parade was conducted, and the Court-held identification was deemed insufficient to establish guilt – Trial Court’s reliance on in-court ...
Protection of Women from Domestic Violence Act – Residence Orders – Petitioners sought direction to shift respondent Nos.1 and 2 to alternative accommodation – Trial court allowed, but appeal dismissed without directing relocation – Issue of cohabitation in shared household with aged mother-in-law raised [Paras 1-3].
Section 19, Protection of Women from Domestic Violence...
Human Trafficking and Rape – Conviction of Accused –
The appellants, Jafar Ali and Shameer @ Saji, were convicted for human trafficking and rape of a minor. The victim, a 15-year-old girl from Bangladesh, was transported under false promises and sold for sexual exploitation. The High Court upheld the trial court’s judgment, emphasizing the reliability of the victim’s testi...
Criminal Law – Murder – Convictions upheld for appellants under Sections 143, 147, 148, 120B, and 302 r/w Section 149 of the IPC – Involvement in conspiracy and unlawful assembly proven – Evidence from eyewitnesses deemed credible despite minor inconsistencies – Injuries sustained by deceased correlated with witness testimony and forensic reports – Appeals dismi...
Quashing of Complaint - Section 482 of the Code of Criminal Procedure - Environmental Compliance – Post-violation rectification – Proceedings redirected to trial court - The petitioners were initially subjected to proceedings under the Water (Prevention and Control of Pollution) Act, 1974, for failing to adhere to statutory requirements. They subsequently resolved deficiencies and obta...
Quashing of FIR – Section 17-A of Prevention of Corruption Act – Procedural Safeguard – Accused as Municipal Commissioner challenged FIR alleging malafides and non-application of mind during approval under Section 17-A – Held: Approval under Section 17-A must be substantive, not ritualistic, requiring application of mind to the materials presented – Court found lack o...
Criminal Law – Defamation – Section 356 BNS Applies Only if Public Good is Not Served – The petitioner was accused of publishing a book titled "The Real Reason Why Legend Died", along with videos, podcasts, and reels, allegedly defaming the family of Sidhu Moosewala – The Court held that mere publication of controversial content does not automatically amount to cr...
Bail – Economic Offences – Prolonged Incarceration Without Trial – Right to Speedy Trial Under Section 437(6) CrPC – The appellant was accused in a cryptocurrency scam and in custody since December 2023 – The prosecution intended to examine 189 witnesses, significantly delaying trial completion – Held: Even in economic offences, prolonged incarceration without s...
Criminal Contempt – Unruly Behavior by Advocates – Members of the Kottayam Bar Association were found guilty of criminal contempt for disrupting court proceedings, shouting slogans, and hurling abusive remarks at the Chief Judicial Magistrate in Kottayam. The court emphasized the seriousness of such behavior, which interfered with the administration of justice and tended to lower the a...