Criminal Law – Murder Trial – Benefit of Doubt – The appellants were convicted for the murder of two individuals based on eyewitness testimony and circumstantial evidence – The High Court found inconsistencies in the prosecution’s case, including delay in filing the FIR, unreliable testimony of the child witness, and lack of proper investigation – Held: Benefit ...
Criminal Procedure – Issuance of Passport – Section 6 of the Passports Act, 1967 – Petition filed by the accused seeking permission for the issuance of a passport and travel abroad – The petitioner was accused in a case involving human trafficking and export of narcotic drugs – Held: The issuance of a passport was refused based on the provisions of Section 6, as allow...
Bail Application – Prima Facie Case and Delay in FIR – Importance of Unexplained Delay – The accused, the victim’s father, was charged with sexual assault and criminal intimidation under IPC and POCSO – The FIR was filed in April 2024, nearly 11 months after the alleged incident in May 2023 – The Court noted multiple unexplained delays, including the victim&rsqu...
Bail – Section 439 CrPC – Regular Bail in Cases Involving National Security – Held: Not Granted – Petitioner accused of provoking unrest in Punjab by writing Khalistani slogans and disseminating anti-national content on social media – Court emphasized that such actions threaten national sovereignty and public order – Mere delay in trial is not sufficient to just...
Criminal Law – Murder Trial – Conviction based on Circumstantial Evidence – Failure to Establish Complete Chain of Circumstances – The appellant was convicted under Section 302 IPC for the murder of the deceased, primarily based on circumstantial evidence – The prosecution relied on the "last seen together" theory and alleged evasive responses from the appel...
Bail - Pre-Trial Incarceration – Right to Speedy Trial – Applicability of Section 436-A CrPC – Applicants had been in custody for nearly five years for offences carrying a maximum sentence of 7 years – The Court reaffirmed that Section 436-A CrPC applies to PMLA cases and overrides the rigors of Section 45 PMLA, as held in Vijay Madanlal Choudhary v. Union of India – ...
Negotiable Instruments Act – Dishonour of Cheque – Legally Enforceable Debt – The petitioners sought quashing of complaints under Section 138 NI Act on the ground that part payments were made before cheque encashment – The Court held that unless payments are directly correlated to the specific cheque, Section 56 NI Act does not apply – Held: The petitioners failed to ...
Habeas Corpus Petition – Dismissal After Return of Missing Person – No Grounds for Further Judicial Review – The petitioners’ mother, who was allegedly in unlawful detention, returned home during the pendency of the Habeas Corpus petition – The High Court dismissed the petition as infructuous – The Supreme Court held that once the detenue is no longer in unlawfu...
Criminal Law - Compounding of Offence – Distinction between Compounding and Quashing of Proceedings – Section 307 IPC – Settlement Between Parties – Quashing Allowed – The High Court erred in treating compounding and quashing as interchangeable concepts – While Section 307 IPC is a serious offence, courts must evaluate whether the charge is supported by evidence...
Criminal Law - Quashing of Criminal Proceedings – Matrimonial Dispute – Abuse of Process of Law – The FIR was lodged by the wife two months after the husband filed for divorce – The Supreme Court noted that such delayed allegations, particularly after the initiation of divorce proceedings, indicate an ulterior motive – Held: Criminal proceedings appear to be vexatious...