Criminal Procedure Code – Quashing of FIR – Petition under Section 482 CrPC – Kalandra under Section 182 IPC against petitioners (complainant and shadow witness in a bribery case) – Allegation of giving false information and resiling from initial statement – Competent authority denied sanction for prosecution – Kalandra and consequent proceedings quashed. [Paras...
Criminal Law - SCST Act – Acquittal - Factual Background and Conviction by Trial Court – Hari Singh was convicted under Section 3(1)(x) of the SC/ST Act for insulting Dhanna Singh, a person of Scheduled Caste, during a panchayat meeting on 20.07.2000 – Conviction based on statements from PW1, PW2, and PW3, who alleged derogatory caste-related remarks were made by the appell...
Bail and Surety Bond Forfeiture – Unwarranted Issuance of Non-Bailable Warrants – The trial court's mechanical issuance of non-bailable warrants against the appellant, Major Singh, on account of his single absence on 20.12.2022, challenged – Petitioner contends violation of procedure prescribed under CrPC Sections 73, 82, and 446. [Paras 3, 6-7, 9, 13, 27, 29-30]
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Anticipatory Bail – Denial of anticipatory bail in a case involving economic offences and corruption – Petitioner, a revenue official (Patwari) involved in a land compensation fraud under the National Highway Act 1956 – Custodial interrogation necessary to uncover the extent of the conspiracy and financial implications – Bail denied due to the gravity of the offences and th...
Anticipatory Bail Application – Petitioner, a Horticulture Development Officer, sought anticipatory bail in FIR for corruption and forgery in land acquisition process – Alleged involvement in assisting in wrongful compensation claims for fruit trees during land acquisition by GMADA – Interim bail granted earlier, subject to conditions, but opposed by the state citing serious alle...
Regular Bail – Grant of Bail in FIR No. 122, dated 20.06.2020, under Sections 302, 201, 34 IPC – Petitioner seeks regular bail – No specific allegations against petitioner in FIR – Based on circumstantial evidence and no recovery from petitioner – Incarceration of over 3 years – Regular bail granted. [Paras 1, 3, 16]
Circumstantial Evidence – ...
Quashing of FIR – Petition filed for quashing FIR No. 129/2021 registered under Section 363 of IPC – Cognizance taken under Sections 366, 376, 376(2)(n), Section 5(1)(j)(ii), and Section 6 of The POCSO Act – Petitioner and victim married and have a child – Victim’s statement recorded under Section 164 of Cr.P.C. stating marriage and consensual physical relationship &n...
Application for Leave to Appeal Against Acquittal – Filed under Section 378(3) of Cr.P.C. against acquittal in a case under the N.D.P.S. Act – Accused acquitted by the Special Judge, N.D.P.S. Act, Neemuch, in Special S.T. No.32A/2018. [Para 1]
Facts of the Case – Secret information led to the interception of co-accused Indarmal with 2 Kg 600 grams of opium – Re...
Criminal Law – Bail – High Court granted bail to respondent-accused based on parity – Supreme Court reversed this decision – Emphasized that bail should not be granted mechanically and must consider the nature of the offence, severity of punishment, and prima facie involvement of the accused – Highlighted the need for reasoned orders reflecting judicial discretion and...
1. Criminal Law - Revision - Concurrent finding of conviction - Petitioner convicted under Sections 304-A IPC - Appeal dismissed - Revision against the concurrent finding of conviction - Petitioner acquitted based on the defense's version being highly probable - Benefit of doubt given to the accused. [Para 13]
2. Criminal Law - Evidence - Eyewitness testimony - Analysis of stateme...