Criminal Law - Preventive Detention – Non-Application of Mind – Order Quashed - The detenu was detained under Section 3(1) of the COFEPOSA Act for alleged involvement in a gold smuggling syndicate – The detention order cited multiple grounds, including past involvement in smuggling and a previous narcotics conviction – The Supreme Court held that there was a lack of indepen...
Criminal Law - Appeal Against Acquittal – Grant of Leave Under Section 378(3) CrPC – Judicial Parameters – The appellant challenged the High Court’s order refusing to grant leave in an acquittal appeal—Held: At the stage of granting leave, the High Court should not evaluate the entire evidence but determine if an arguable case exists—Prima facie review showed ma...
Limitation Law - Condonation of Delay – No Sufficient Cause – High Court’s Order Set Aside - The respondents sought to set aside an ex-parte decree after a delay of 1312 days, citing misplaced case files and delayed handover by counsel – The Supreme Court held that no reasonable explanation was provided for the delay, especially since the legal heirs of the defendant were a...
Criminal Law - Dismissal of Criminal Appeal in Limine – Whether Justified – The High Court dismissed the appellant’s criminal appeal on the first day without calling for trial court records—Held: Appellate courts must examine trial records before deciding an appeal, especially in cases involving acquittals—Failure to do so constitutes a serious procedural lapse—...
Criminal Law - Murder – Appeal against conviction - Circumstantial Evidence – Whether Chain of Evidence Was Complete – The appellant was convicted under Section 302 IPC for allegedly murdering the deceased, Haseena, during an exorcism ritual—Prosecution relied on circumstantial evidence, including testimonies of family members and medical reports—Held: Prosecution fai...
Bail - Rape on False Promise of Marriage – Whether Offence Under Section 376 IPC Made Out – The appellant contended that the victim voluntarily accompanied him and had a consensual relationship—Held: The accused initially promised marriage but later refused solely due to the victim’s caste—Since the promise was insincere from inception, it constitutes rape under Secti...
Negotiable Instruments Act – Single Complaint for Multiple Cheques – Whether Maintainable – The petitioner challenged the complaint under Section 138 of the NI Act, arguing that separate complaints should have been filed for each of the four dishonoured cheques – Contended that under Section 219 CrPC, no more than three offences can be tried together – Held: A single ...
Criminal Law - Preventive Detention – Distinction Between "Law and Order" and "Public Order" – The petitioner was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985, as a "dangerous person"—Challenged the detention order, arguing that the offences registered against him relate to "law and order" and do not disturb &qu...
Criminal Law - Dismissal of Complaint – No Prima Facie Case – Allegations Patently Absurd and Inherently Improbable - The petitioner alleged an elaborate conspiracy involving multiple accused, claiming she was shot 25 times but survived due to homeopathic medicine – The Magistrate dismissed the complaint under Section 203 Cr.P.C., finding the allegations ex-facie improbable &ndas...
Criminal Law - False Affidavit – Whether Cognizance Under Section 340 CrPC Valid – Petitioner challenged cognizance taken by Magistrate under Sections 193/199/209 IPC—Held: Cognizance taken without a preliminary inquiry violates procedural safeguards—Order set aside [Paras 10-13].
Jurisdiction – Whether Application Should Have Been Heard by Original Court – C...