PMLA Offence – Bail Rejection – Serious Economic Fraud – Bail Denied – Petitioner accused of defrauding over ₹800 crores from flat buyers through a fictitious housing project – Despite attachment of ₹161.5 crores, further investigation ongoing to trace remaining proceeds of crime – Held: Given gravity, conduct of petitioner, and ongoing investigation, bail c...
Criminal Law – Rape & Abduction – Inconsistencies in Victim Testimony – Conviction Set Aside – Appellants convicted of rape and abduction based solely on statements of PWs 2 and 3, two women who left their matrimonial homes and later alleged rape – Court found contradictions in their account regarding journey, stay at Parbhani, and absence of complaint for o...
Criminal Law – Quashing - Abetment of Suicide – Suicide Note and Delay – Charges Quashed – Appellants were accused of instigating the deceased’s suicide based on torn diary pages produced as a suicide note – The alleged harassment occurred on 10.11.2013 while the suicide took place a month later on 09.12.2013 – Held: No proximate act of instigation or cont...
Criminal Law – Sect. 138 N.I. Act - Bail Cancellation – Non-Appearance Due to Health – Bail Restored – Petitioner’s bail was cancelled and non-bailable warrants issued for non-appearance in a Section 138 NI Act case – Held: Absence was unintentional, caused by medically proven encephalopathy – Trial Court’s action in issuing arrest warrant without no...
Criminal Law - Possession of Muddamal – Income Tax Proceedings vs. Criminal Jurisdiction – I-T Department Authorized to Retain Seized Cash – The department sought custody of ₹35,28,000 seized in a theft case, invoking Section 132A(1)(c) of the Income Tax Act – Trial court initially directed fixed deposit in complainant’s name, but later denied department’s app...
Criminal Law – Quashing - POCSO Act – Ingredients Not Attracted – FIR Quashed – Accusation Against Petitioners Held Malicious – The complainant alleged harassment and attempted sexual assault on her 17-year-old daughter by her brothers and their children – FIR registered under Sections 8 and 12 of the POCSO Act – Court held that no ingredients of “se...
Criminal Law – PC Act – Appeal Against Conviction - Definition of Public Servant – Stamp Vendor under Prevention of Corruption Act – Held to be Public Servant – The Court interpreted Section 2(c)(i) of the PC Act to include licensed stamp vendors within its scope – A stamp vendor, though not in direct employment of the Government, performs a public duty and rece...
Criminal Law - Preventive Detention – Authority to Fix Detention Period – Power Vested with State Government – Commissioner Mentioning Six-Month Detention Period Not Fatal - The Court held that under the PIT NDPS Act, the State Government alone is empowered to fix the detention period based on Advisory Board recommendations – The initial mention of six months by the Commiss...
Criminal Law - Discharge Petition – Absence of FIR Mention Not Ground to Discharge – Petition Dismissed – Petitioner sought discharge citing non-mention of name in FIR and acquittal of co-accused in original trial – Court held that FIR is not an encyclopedia and acquittal of co-accused irrelevant as evidence was not recorded in presence of present petitioner – Charge ...
Criminal Law – Attempt to Commit Rape – Prima Facie Case Not Made Out – Summoning Order Modified – The revisionists were summoned for attempt to commit rape (Section 376 read with Section 18 of POCSO Act) based on allegations that they grabbed the victim’s breasts, broke the string of her lower garment, and attempted to drag her beneath a culvert – The Court hel...