Criminal Law – Quashing - POCSO Conviction – Role of High Court under Article 226 r/w Section 482 CrPC – High Court Overreach – High Court’s setting aside of the conviction under the POCSO Act and IPC held unsustainable – Supreme Court observed that the High Court misapplied its inherent powers, as serious offences like those under the POCSO Act cannot be quashe...
Criminal Law - Superdari – NDPS Act – Interim Custody of Truck – Section 52A NDPS – Offending Vehicle Seized with Contraband – Truck seized carrying 3213.6 kg of poppy straw—Trial Court granted interim custody under Sections 451 and 457 CrPC—Held: In light of amended Section 52A NDPS and Supreme Court rulings, vehicle used in commission of offence should n...
Criminal Procedure – Section 156(3) and 200 CrPC – Allegation of False Implication – Complaint Dismissed – Petitioner sought registration of FIR against police officers alleging false implication under Delhi Excise Act—Cited CCTV footage and illegal detention—Magistrate held complaint premature as trial under Excise Act was ongoing—High Court affirmed dism...
Anticipatory Bail – Sections 318(4), 316(2), 61(1) of the Bharatiya Nagarik Suraksha Sanhita (BNS) - Economic Offence – Prima Facie Conspiracy to Defraud – Bail Denied – Applicant accused of conspiring with two others to induce ₹82 lakhs from a restaurateur under pretense of bribing BMC officials for title transfer—Held: Prima facie material including WhatsApp chats...
Crimnal Law - Section 138 & 141 NI Act - Negotiable Instruments – Quashing Set Aside - Vicarious Liability of Director – Complaint Must Disclose Responsibility for Company’s Affairs – High Court quashed criminal proceedings under Section 138 NI Act against a director on the ground of insufficient averments—Supreme Court reversed, holding that complaint sufficientl...
Criminal Law – Quashing - Drugs and Cosmetics Act – Testing of Non-Pharmacopoeial Drug – Disputed Factual Matrix – Quash Denied - The Company (A1) challenged the testing method used to declare ‘Omnigel’ as ‘Not of Standard Quality’ claiming non-compliance with 2008 departmental guidelines – Court held the testing method and applicability of Rul...
Suo Motu - POCSO Cases – Setting Up of Exclusive Courts – Implementation of Judicial Directives – Compliance Directed - The Court directed that each district with more than 100 POCSO cases must establish exclusive courts under a Central scheme with appropriate staffing and child-friendly infrastructure – Majority of States complied but high-pendency States (UP, WB, Bihar, T...
Criminal Law - Forgery of Court Record – Tampering After Conclusion of Proceedings – Section 195 CrPC Not Applicable – Appellant accused of fabricating and replacing court records in a civil suit after it was withdrawn – Documents were altered from the record room post-disposal – Held: Since forgery was committed after withdrawal of suit and documents were not in &ldq...
Criminal Law - Murder - Section 302 IPC – Conviction Based on Related Witnesses – Reversed – Appellant convicted for stabbing a minor girl to death along with co-accused—Trial court relied on testimonies of victim’s mother and relatives—Held: Testimonies of P.W.1, P.W.2, and P.W.3 riddled with inconsistencies, contradictions, and uncorroborated claims—Inde...
Criminal Law – Regular Bail - Foreign National – Allegation of Illegal Entry – Confession to Police – Accused arrested on suspicion of being a Bangladeshi national without valid documents—Prosecution relied on alleged oral confession—Held: Confession before police inadmissible; prosecution case based only on alleged statement unsupported by valid documentary pro...