Evidence Law – FSL Report – Application for FSL report on blood-stained clothes and weapons dismissed by the trial court for being filed belatedly – Held, application for adducing evidence should be filed at the stage of prosecution evidence and not at the committal stage – Trial court’s dismissal based on incorrect premise – Order set aside [Paras 1-12].
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Criminal Law - Quashing of FIR – Prima Facie Case – Sections 197 CrPC and 83 of M.P. Griha Nirman Mandal Adhiniyam – Protection of actions in official duty – High Court erred in refusing to quash FIR based on mere allegations without sufficient evidence – Held: No prima facie case established; allegations lack evidence of intent or knowledge of forgery [Paras 11-15].
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Criminal Law – Limitation - Delay in Filing Appeal – Right to Appeal under Article 21 – Fundamental Right – High Court erred in dismissing the appeal on grounds of delay without proper examination of reasons provided by the appellant – Appellant cited lack of monetary resources and livelihood challenges as causes for delay – Held: Delay of 1637 days condoned; ap...
Scope of Section 195 Cr.P.C. – Applicability to Tribunals – Section 195 read with Section 340 Cr.P.C. mandates that complaints for offences under Sections 193, 199, and 200 IPC, when committed before a Court, must be filed only by orders of the Court concerned – Tribunal not defined as "Court" under law – Held: Offences alleged to have been committed before a Trib...
Criminal Law – Conviction for Culpable Homicide Not Amounting to Murder – The appellant was convicted for the offence under Section 304 Part II IPC by the trial court, which sentenced him to seven years of rigorous imprisonment and a fine. The High Court examined inconsistencies in medical evidence and unexplained gaps in the victim’s treatment timeline, raising doubts about the ...
Criminal Law – Sexual Offences Against a Minor – Conviction and Sentence – Appellant convicted under Sections 363, 366 IPC, and Section 6 of the POCSO Act read with Section 376 IPC – Trial Court sentenced him to rigorous imprisonment for 10 years for the POCSO offence, 3 years under Section 363 IPC, and 5 years under Section 366 IPC, all to run concurrently – Convicti...
Habeas Corpus – Right to Autonomy – Petitioner parents sought custody of their adult daughter (Ms. X), claiming psychological issues and illegal detention by the 5th respondent – High Court, after interaction, found Ms. X to be of sound mind, having made an informed choice to live with her partner – Petition dismissed, respecting the right to autonomy and personal liberty u...
Criminal Law - Dying Declaration – Reliability and Fit Mental Condition – The conviction was based solely on the dying declaration recorded by a medical officer and Dehati Nalishi, both allegedly made by the deceased. However, there was no certification of the deceased’s mental fitness by a medical professional, and prosecution witnesses stated the deceased was not in a condition...
Preventive Detention – Subjective Satisfaction of Detaining Authority – Judicial Review – Detention Order Quashed – The detaining authority failed to establish a live and proximate link between the grounds of detention and the alleged activities of the detenue – Subjective satisfaction was vitiated due to lack of material evidence and application of mind – Decis...
Execution Proceedings – Appointment of Legal Guardian – Tenant-petitioner sought appointment of a legal guardian for the landlord-respondent in a comatose state and adjournment sine die till such appointment – Application dismissed by the Executing Court – Court held that as per Order XXXII Rule 15 CPC, an enquiry must be conducted to adjudge the mental condition of the lan...