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,...
Criminal Law – PNDT Act – Complaint by Unauthorized Authority – Conviction Set Aside – Petitioners convicted under Sections 4(3) and 5(1)(b) read with Rule 9 of the PNDT Act challenged the maintainability of the complaint filed solely by a Civil Surgeon – Court held that under Section 17(3)(b), a valid complaint must be filed by a duly notified three-member District A...
Criminal Law – Narco Analysis Test– Constitutional Validity – Article 20(3) and 21 – Involuntary Test Impermissible – Direction Quashed – High Court accepted submission from police to conduct narco-analysis test on accused persons during pendency of bail application – Held: Such direction violates the constitutional safeguards under Articles 20(3) and 21 a...
Criminal Law – Quashing of FIR - Section 3(1) of the Gangster Act – Procedural Safeguards – FIR and Gang-Chart Quashed – Alleged Violation of Rules – The petitioner challenged the FIR dated 22.11.2023 under Section 3(1) of the Gangster Act – Court found that procedural requirements under Rules 5(3)(a), 16 and 17 of the Gangster Rules, 2021, including “due ...
Criminal Law – Appeal Against Conviction – Sexual Assault - Delay in Lodging FIR – Explanation for Delay – Delay Justified - The delay of two days in lodging the complaint explained by attempts at village-level settlement – Court held that delay in lodging FIR in sexual offences is not fatal where explanation exists and the complaint was promptly filed after failure o...
Criminal Law - Rape of Minor – Promise of Marriage – Section 376 IPC – Acquittal Upheld – Prosecution alleged that the accused induced a 16-year-old girl into a sexual relationship on false promise of marriage resulting in pregnancy and suicide – Court noted absence of corroborative medical or forensic evidence, including DNA analysis – Oral evidence of complain...
NDPS Bail – Section 37 NDPS Act – Alleged Financing of Contraband Purchase – Bail Granted – Petitioner, a woman and sixth accused, allegedly transferred money to her son and driver who were found in possession of MDMA – Prosecution invoked conspiracy under Sections 27A and 29 of the NDPS Act – Held: Mere monetary transfers to family members insufficient to const...
Criminal Revision – Cheque Bounce - Section 138 of the N.I. Act - Evidence – Comparison of Signatures – Use of Photocopy – Forensic Opinion Denied – Trial Court’s permission to compare admitted signatures with signatures on photocopy of partnership deed set aside – Held: Comparison from photocopy unreliable due to possibility of digital tampering – A...
Anticipatory Bail – Corruption Allegation – Section 7 of the PC Act – Bail Denied – Petitioner, a Patwari, sought anticipatory bail in a corruption case alleging demand of ₹60,000 bribe for a favourable inquiry report – Held: Specific allegations supported by audio recording and trap proceedings – No case of false implication or political vendetta made out &nd...