Anticipatory Bail – Driving under Influence – The applicant sought anticipatory bail following an accident where she was alleged to have driven a car under the influence of alcohol, causing the death of two persons. Initially charged under Sections 304-A, 279, 337, and 338 of the IPC and Section 184 of the MV Act, additional charges under Sections 304 and 427 of the IPC and Section 185...
Domestic Violence – Right to Reside – Petitioner sought interim reliefs under Section 12 of the DV Act to prohibit the respondent from committing domestic violence and evicting her and her minor child from the shared household – Magistrate granted prohibitory order but directed petitioner to vacate the house within a month – Sessions Court concurred – Revision Petitio...
Anticipatory Bail – Grant – Petitioners accused of forging agreements to illegally acquire property – Petitioners contend civil nature of dispute pending before competent court – Ad interim injunction obtained in civil suit prior to criminal case – No prima facie evidence of intent to flee – Investigation ongoing with no criminal antecedents – Court grants...
Juvenile Justice – Detention in Observation Home – Appellant challenged the detention of a juvenile (CCL) in an observation home post-release on bail – Contention that continued detention violated statutory provisions of the Juvenile Justice Act – Court held the Juvenile Justice Board’s order as beyond jurisdiction – Orders detaining the CCL in an observation ho...
Quashing of FIR – Section 482 CrPC – Petitioner sought quashing of FIR alleging cheating, criminal breach of trust, and caste-based abuse – Allegations involved inducement to pay large sums to bribe judges – Court held FIR cannot be quashed as investigation is at a preliminary stage – Specific allegations of serious nature requiring investigation – Petitioner gr...
Criminal Law – Demand and Acceptance of Bribe – Appellant, a Forest Section Officer, convicted for demanding and accepting bribe – Prosecution alleged that the appellant demanded Rs. 5,000 as bribe from the complainant, a saw-mill operator, to refrain from booking a case for illegal possession of teakwood – The complainant's testimony contradicted by call detail records...
Criminal Law – Rape and Cheating – Appellant convicted for rape under the pretext of false promise of marriage – Trial court’s judgment affirmed by High Court – Appellant argued that the prosecutrix knew he was married and that her consent was not obtained under misconception – High Court emphasized the absence of evidence proving misconception or coercion [Para...
Criminal Law – Conviction for Possession and Trafficking of Counterfeit Currency – Appellants convicted under Sections 489B and 489C IPC – Trial court’s judgment upheld – Evidence relied upon included testimonies of police officers and the seizure of counterfeit notes – Conviction based on reliable testimony of police personnel, despite lack of independent witne...
Bail – Cancellation – NDPS Act – Application under Section 439(2) Cr.P.C. for cancellation of bail – Bail granted by the Special Judge, Sepahijala District, Sonamura – Grounds for cancellation included discrepancies in GD entries and lack of reasonable grounds to believe accused’s non-guilt – Printing errors in GD entries noted but considered non-material ...
Hostile Witnesses – Evidentiary Value – Reliance on Admissible Portion – The Court held that the evidence of a hostile witness cannot be discarded entirely and must be considered with due care. The admissible portion of PW-5’s testimony, corroborated by other reliable witnesses, indicated that the appellants had kidnapped the deceased. [Paras 9-10, 12-14].
Circ...