Application of Section 319 CrPC – Addition of Accused Based on New Evidence – Contradictory Testimony – The petitioner, mother of the deceased, was added as an accused based on new evidence presented during trial under Section 319 CrPC – while earlier witnesses claimed the death was accidental, evidence emerged suggesting the death resulted from manual strangulation –...
Quashing of Criminal Proceedings – Jurisdiction of Indian Courts – Sections 188 Cr.P.C. and 494 IPC – Proceedings Quashed – The petitioner sought to quash a complaint filed by the respondent through his Power of Attorney alleging offences of bigamy, cheating, and other charges – The Court found that the marriage was solemnized in Maharashtra, and the alleged offences ...
Criminal Law – Cheating and Criminal Conspiracy – Quashing of FIR – Financial Dispute – Abuse of Process – The FIR was registered on the complaint of Avtar Singh, alleging that petitioner Jagsir Singh Dhiman refused to return a sum of ₹9,50,000 arising from a business dispute in agricultural tool manufacturing – Petitioners contended that this was a civil disp...
Criminal Law – Bail Application – Prolonged Incarceration – Petitioner in custody since January 2021 – Trial progressing slowly with only 12 out of 30 prosecution witnesses examined over more than three years – Court held that right to a speedy trial is a fundamental right under the Constitution of India – Bail granted due to undue delay in trial [Paras 1-5].
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LOC and Travel Permission – Investigation by SFIO – Petitioner’s request to suspend LOC and permit travel abroad was declined by the Special Judge – High Court upheld this decision emphasizing the ongoing investigation involving significant economic offenses – Court found that petitioner failed to fully disclose assets and there was a risk he might not return to face ...
Criminal Law – Quashing of Proceedings – Petitioner sought to quash proceedings under Section 482 Cr.P.C. for alleged offences under Section 498A IPC – Contention that Section 498A applies only to cruelty by husband or his relatives, and not applicable to live-in relationships – Prosecution conceded absence of a legal marriage between the parties – High Court referenc...
Criminal Law – Procedural Violations – Appellant, a police inspector, conducted a raid on the respondent’s spa suspecting illegal activities – Raid led to the detention of an Indonesian citizen working as a massage therapist – FIR registered was later quashed due to procedural non-compliance – Court emphasized mandatory compliance with Section 15 of the ITP Act ...
Criminal Law – Murder Conviction – Reliance on Evidence – A1, A2, and A3 were convicted of murder and related offenses. Witnesses PW1 to PW3 initially supported the prosecution but later turned hostile. The FIR’s timing was questioned, and discrepancies were found in the Accident Register. Prosecution’s failure to conclusively establish involvement of A2 and A3 led to...
Petitioner’s Arrest and Application for Default Bail – Bharat Bhushan, the petitioner, was arrested on 07.03.2023 – Arrest in connection with FIR No.168 involving charges under the NDPS Act, 1985 and the Drugs and Cosmetics Act, 1940 – Application for default bail under Section 167(2) of Cr.P.C. after the lapse of 180 days of investigation period – Dismissal of the ap...
Criminal Procedure – FIR Quashing – Section 482 Cr.P.C. – Allegations of dowry harassment and assault – Petitioner claims false implication due to long-standing family estrangement – Court examines specific allegations and finds prima facie case warranting investigation – Application dismissed [Paras 1-18].
Investigation – Role of Accused &nda...