Criminal Law – Prevention of Corruption Act – Sections 7, 13(1)(d), 13(2) – Demand Not Proved – Acquittal Upheld – The complainant alleged that the accused, a public servant, demanded ₹1,000 to facilitate processing of a government loan – Trap arranged and accused allegedly caught with the bribe amount – Trial Court acquitted the accused on ground ...
Criminal Law - Abetment of Suicide – Prima Facie Case – FIR Not Quashed - Petitioners sought quashing of FIR under Section 306 read with 34 IPC on ground of false implication and lack of proximate cause – Court held that the deceased had expressed distress and suicidal intent following quarrel with petitioners – Statement of Anil Kumar revealed deceased was under mental tra...
Bail in POCSO Case – Section 6 of the POCSO - Section 376AB of the IPC - Allegation of Rape by Father – Bail Denied – The petitioner was charged with sexually assaulting his minor daughter, aged 11 years, under Sections 376AB IPC and Section 6 of the POCSO Act – DNA evidence from the mattress matched both the victim and the petitioner – Held: Prima facie, involvement ...
Criminal Jurisdiction – Maintainability of Writ Appeal – Quashing of FIR – Appeal Dismissed – Petitioners sought to quash FIR and chargesheet under Sections 498A, 406, 354C IPC filed by Haryana Police – Learned Single Judge dismissed the writ petition under Article 226 r/w Section 482 CrPC – Division Bench held that appeal under Section 4 of Karnataka High Court...
Protection of Life and Liberty – Criminal Writ Petition under Article 226/227 – Petitioners, in a “Live in Relationship,” seek protection – Petitioner No. 1 of marriageable age, Petitioner No. 2 not yet 21 – Representation made to Senior Superintendent of Police for protection – Respondent No. 2 directed to assess threat perception and take appropriate act...
NDPS Act – Bail – Prolonged Incarceration – Bail Granted - Petitioner in judicial custody since 23.12.2020 with only two of ten witnesses examined over four and a half years – Held: Inordinate delay in trial infringes the fundamental right to speedy trial under Article 21 – Court relied on Union of India v. K.A. Najeeb and Jitendra Jain v. Union of India to hold that ...
Look-Out Circular – Permission to Travel Abroad – Alleged Corporate Default – Conditional Relief Granted - Petitioner sought permission to travel to U.A.E. from 07.06.2025 to 27.06.2025 for business purposes – LOC was issued at the instance of Respondent No.4 bank citing massive outstanding dues and failed repayment plan under IBC – Respondent bank opposed on grounds ...
Criminal Law - Sections 27 and 29 of the NDPS - Sections 66(B), 65(A), 81, 116(B) of the Bombay Prohibition Act, 1949 - Appeal Against Acquittal – Alleged Possession of Liquor Without Permit – Acquittal Confirmed – Accused found with bottles allegedly containing English liquor – Investigating officer failed to send seized bottles for FSL analysis – No sample drawn or ...
Criminal Law – Quashing of FIRs - Multiple FIRs – Separate Incidents at Different Locations – Quashment Denied – Petitioner sought to quash FIR in Guruvayoor crime alleging abuse of process due to multiple FIRs – Held: FIRs concern distinct offences at different times and places – Each incident constitutes a separate and independent transaction – No violat...
Bail - NDPS Act – Statement of Co-Accused and Financial Transactions – Bail Granted – The prosecution relied on statements of co-accused and financial transfers to implicate the petitioners under Sections 21, 27A, and 29 of the NDPS Act – Held: Statements of co-accused are inadmissible under Sections 25 of the Indian Evidence Act and 162 CrPC – Financial transactions,...