Criminal Law – Bail – Land Dispute – Delay in FIR – Petitioners alleged to have threatened and criminally intimidated complainant over land pooling – Multiple incidents reported with significant delays (up to 68 days) – Held: Delay in filing FIR and complainant’s own criminal antecedents cast doubt on veracity – Bail granted [Paras 5, 14, 15, 19].
...
Criminal Law – Quashing - Drugs and Cosmetics Act – Sale of Drugs Without Valid License – Petitioner (Accused No.2), a licensed drug distributor, alleged to have supplied allopathic drugs to Accused No.1, a non-registered practitioner running a clinic without drug license – Proceedings initiated under Sections 18(a)(vi) and 27(d) of the Act of 1940 – Court held that s...
Criminal Revision – Discharge – BNSS Ss. 438 & 442 – PC Act S. 13(1)(c), (d) r/w 13(2) – IPC Ss. 409, 420, 120B – Refusal to Discharge Upheld – Allegation that Board-level approval enabled supply of limestone at ₹689.87/MT against an earlier ₹621/MT with inferior quality/quantity, causing loss to Malabar Cements Ltd – Held: On materials placed, a p...
Family Law - Maintenance – Award of ₹21,000 to Wife/Mother – Challenge under Section 438 r/w 442 BNSS – Petitioners (husband and sons of respondent) contended that respondent left matrimonial home voluntarily in 2015 and filed maintenance petition only in 2019 – Petitioners alleged their own lack of income and claimed respondent had sufficient means and was living indepen...
Criminal Law – Quashing of Summoning Order – Cognizance under Sections 427, 448, 294, and 506-B IPC – Petitioner sought quashing of cognizance order passed by JMFC, Panna, which was affirmed in revision – Held: Trial Court rightly took cognizance under Sections 427 and 506-B IPC based on prima facie evidence from complaint and statements under Sections 200 and 202 CrPC &nda...
Criminal Procedure – Anticipatory Bail – Grant Without Cogent Reasons – High Court granted anticipatory bail to accused in murder case under Section 302 IPC and Section 27 Arms Act – Accused allegedly extorted money from the deceased, a health worker, and hired contract killers upon her failure to pay – Supreme Court held that the High Court failed to record adequate ...
Criminal Law – Criminal Revision Against Framing of Charge - Criminal Conspiracy – Registrar of Cooperative Societies alleged to have approved fraudulent freeze list of members and expulsion of 48 original members of Naval Technical Officers CGHS – File notings showed serious discrepancies, absence of required affidavits, and false audit reports – Held: Material on record e...
Negotiable Instruments Act – Section 148 – Conditional Deposit for Appeal – Conviction under Section 138 NI Act challenged in appeal – Appellate Court directed deposit of 30% compensation amount as condition for hearing – Petitioners alleged they were not granted opportunity to oppose application under Section 148 and cited exceptional circumstances including lack of ...
Narcotic Drugs and Psychotropic Substances Act – Conviction – Acquittal – Appeal Allowed on Parity Grounds – Appellant (Accused No. 2) convicted under Section 8(c) read with Section 18 NDPS Act for possession of 5.5 kg opium – Trial Court imposed minimum sentence of 10 years RI and ₹1 lakh fine – Conviction affirmed by High Court – Co-accused (Accused No...
Criminal Law – Murder – Circumstantial Evidence – Conviction Confirmed – Appellant convicted for the murder of his wife by inflicting a fatal head injury with a hammer – Sole eyewitness (daughter) turned hostile – Statement under Section 164 CrPC not relied upon as substantive evidence – Chain of circumstantial evidence complete and consistent with guilt &...