Section 217 CrPC Not A Mere Formality; Trial Court Must Judicially Decide Plea To Recall Witnesses Upon Alteration Of Charges: Madras High Court First Appellate Court Must Address Suspicious Circumstances Surrounding Execution Of Will; Adverse Inference To Be Drawn If Propounder Fails To Testify: Himachal Pradesh High Court Passing Contrary Orders On Identical Land Acquisition Cases Violates Public Policy, Equal Treatment: Madhya Pradesh High Court Municipal Authorities Cannot Adjudicate Title Disputes While Granting Building Permissions: Telangana High Court Statutory Insurance Companies Can’t Be Treated As Illiterate Litigants; Procedural Red Tape No Ground To Condone Delay: Orissa High Court Section 22 Hindu Succession Act Applies To Agricultural Land; Right Of Pre-Emption Is An Incident Of Succession: Supreme Court Proceedings Under Senior Citizens Act Extinguish On Death Of Applicant, Civil Remedies Apply For Property Disputes: Punjab & Haryana High Court Being A Woman Not A Ground For Bail In Heinous Crimes Against Minors: Gujarat High Court Rejects Bail In Flesh Trade Case Woman Not Entitled To Maintenance Under Section 125 CrPC If First Marriage Subsists; Illegitimate Child Entitled: Allahabad High Court

"CRIMINAL LAW" Digest

Criminal Law -  Complaint To Register FIR – Dismissal under Section 156(3) Cr.P.C. – Order Set Aside – Petitioner filed complaint alleging assault over election dispute but no FIR was registered – Trial Court dismissed petition due to petitioner’s non-cooperation and absence during hearing – Held: Complaint disclosed prima facie case warranting enquiry &nda...

Bail – NDPS Act – Commercial Quantity – Section 37 – Bail Denied – Applicant (cleaner in seized truck) sought second bail after seizure of 151.600 kgs of ganja – Court held that recovery was above commercial quantity, presumption of conscious possession applied, and twin conditions under Section 37 not satisfied – Held: No reasonable ground to believe appl...

Bail Application – Fraudulent Investment Scheme – Sections 406, 409, 420, 120-B IPC & Sections 3, 4 MPID Act – Bail Rejected – Applicant accused of luring more than 127 investors into depositing over ₹7 crores under a scheme promising 5–10% monthly returns, diverting funds to personal accounts – Court held that Designated MPID Court has jurisdiction to try...

Criminal Law - Discharge Application – Criminal Complaint over Co-owned Property – Section 239 CrPC – Rejection Set Aside - Petitioners, co-sharers of a pond, were accused of criminal intimidation and theft of fish – Trial Court rejected the discharge plea – Held: Allegations lacked criminal intent and involved a civil dispute over property rights – No prima fac...

Criminal Law – Conviction under Sections 498A and 306 IPC – Acquittal – Appellant convicted by Trial Court for cruelty and abetment of suicide of wife – Deceased gave two versions: (i) complaint to police jamadar (Exh. 55) shortly after the incident citing a domestic quarrel and statement by husband “if you want to die, burn yourself”, and (ii) Dying Declaration...

Criminal Law - Rape of Minor – Conviction under Section 376(2) IPC & Sections 4, 6 POCSO – Trial Court’s Conviction Restored – High Court erred in acquitting accused on grounds of procedural irregularities and alleged inconsistencies – Held: Evidence of victim consistent and corroborated by medical records (pregnancy, abortion); procedural lapses (Section 223/defe...

Bail under UAPA – Section 43D(5) – Complete embargo unless accusation prima facie untrue – Court examined whether material showed appellant’s role in conspiracy – Only recovery of one pistol, cartridges and Rs.50,000/- cash – No direct evidence of conspiracy – Held: Material insufficient to sustain continued custody [Paras 9-12]. Criminal Conspiracy &nd...

Anticipatory Bail – Cryptic High Court Order – Supreme Court Intervention – The petitioner sought anticipatory bail in relation to a 2021 FIR for offences under the Prevention of Corruption Act – The High Court instead of deciding the bail application on merits, adjourned the matter directing the DGP to file an affidavit explaining non-arrest of the petitioner for four year...

Bail Cancellation – Distinction Between Witness Protection and Judicial Power – High Court Order Set Aside – The appellant, original complainant, sought cancellation of bail granted to the accused on grounds of threats to witnesses – The High Court dismissed the application, directing the complainant to instead pursue remedy under the Witness Protection Scheme, 2018 –...

Criminal Law - Attempt to Murder – Section 307 IPC – Intention vs. Nature of Injuries – Conviction Upheld – Multiple injured sustained firearm and incised wounds on vital parts; even if injuries not “sufficient in ordinary course of nature” to cause death, intention of assailants decisive – Courts relied on SC precedents clarifying that minor or non-fatal ...