Writ - Passport Issuance – Pending Criminal Trial – Right to Possess Passport Distinct from Right to Travel – Petition Allowed - Petitioner facing trial under Section 15 of the NDPS Act – Trial Court permitted him to apply for passport but not to travel abroad – Passport authority denied issuance citing absence of departure permission under Section 6(2)(f) of Passport...
Criminal Law – Dishonour of Cheques – Quashing of Proceedings – Appellant filed complaint under Section 138 of the Negotiable Instruments Act, 1881 against a Partnership Firm and its partners, including Respondent, for dishonour of cheques aggregating ₹6 crores – High Court quashed proceedings against Respondent under Section 482 CrPC on ground that he had retired from pa...
Family Law – Criminal Proceedings – Domestic Violence – Maintainability of Section 482 CrPC – Appellants challenged proceedings initiated under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 (DV Act) – High Court held that since the DV proceedings are civil in nature, they could not be quashed under Section 482 CrPC – Supreme Court hel...
Criminal Procedure – Proclamation and Attachment – Validity – The petitioner challenged the order of the trial court declaring him a proclaimed person and issuing a notice under Section 83 Cr.P.C. for the attachment of his property. The petitioner contended that the trial court conducted the proceedings in haste and did not adhere to the prescribed procedures under Section 82 Cr....
Criminal Law - Bail Application – NDPS Act – Section 37 Bar – Stringent Compliance Required – Petitioner accused of active involvement in organized narcotic syndicate – Court emphasized strict application of twin conditions under Section 37 for grant of bail – Reasonable belief of innocence not established [Paras 23-28].
Role of Intercepted Calls an...
Criminal Law - Sections 353 and 504 IPC - Quashing of FIR – Section 482 CrPC – Allegations Vague and Non-Specific – FIR and Charge Sheet Quashed - FIR was registered against the petitioner for allegedly abusing and attempting to assault police officials while being apprehended in connection with another case – Complaint contained vague and generalized accusations without sp...
Criminal Law – Cross-Examination Deferred – Not Illegal When Victim Untraceable – Petitioner challenged trial court order permitting examination of other witnesses without first cross-examining PW16 (victim)—Court held: Victim examined-in-chief but not traceable despite efforts—Trial Court rightly deferred cross-examination and proceeded with trial—No illegality...
Civil Writ - Environmental Contempt – Unauthorized Tree Felling – Violation of Supreme Court Orders – Delhi Ridge Protection Breached – The DDA commenced felling of over 1,600 trees in the protected Delhi Ridge area without prior permission from the Supreme Court as mandated in MC Mehta case – Court held this as willful disobedience and obstruction of justice – ...
Criminal Law - Discharge Application – Sections 409, 420, 467, 468, 471, 120-B of the Indian Penal Code, 1860 (IPC) - Prima Facie Involvement – Discharge Denied – Petitioner, a retired Milk Chilling Centre Incharge, sought discharge citing lack of prima facie evidence and delay in filing of charge-sheet post-retirement – Held: Petitioner was not entitled to discharge at thi...
Criminal Law – Murder - Section 302, 34 IPC - Accid Attack - Conviction Based on Sole Eyewitness – Acceptability of Single Witness Testimony – Upheld – The conviction was based substantially on the testimony of the deceased's brother, who was an eyewitness to the occurrence – Held: Statement of a single eyewitness is sufficient for conviction if it inspires ...