Quashment of Proceedings – Settlement and Lack of Evidence – Petitioner sought quashment of proceedings under Section 482 Cr.P.C. based on an affidavit from the de facto complainant indicating settlement – Allegations of rape, cheating, and intimidation found to stem from financial disputes and delayed payments, and lack substantial evidence – Court emphasized the principle...
Criminal Law – Quashing of Final Report – Petition under Section 482 Cr.P.C. – Petitioner accused of offences under Section 15(1) of POCSO Act and Section 67B of IT Act – Allegations of sharing and transmitting pornographic material involving a child – No material evidence to show petitioner shared or transmitted such material – Mere possession or storing withou...
Criminal Procedure – Quashing of FIR – Section 482 Cr.P.C. – Principles – Petitioner sought quashing of FIR alleging cheating and breach of trust – Contention that the dispute was purely civil in nature – High Court considered the necessity to prove fraudulent intention at the inception of the transaction for the offence of cheating to be made out – Emphas...
Criminal Law - Sections 302/148/149 IPC – Appeal against conviction - Eyewitness Testimony – Reliability of Sole Witness – Interested Witness – Acquittal Granted – The conviction of the appellants was based primarily on the testimony of PW-1, who was a close associate of the deceased and had criminal antecedents – His conduct was found to be unnatural, and he wa...
Bail – NDPS - Criminal Procedure – Jurisdiction of High Court under Section 439 CrPC – Scope Limited to Bail – The High Court, while deciding a bail application, awarded compensation to the respondent for wrongful confinement – The Supreme Court held that the High Court exceeded its jurisdiction under Section 439 CrPC, which is limited to granting or refusing bail &nd...
Criminal Law – Revisional Jurisdiction – Discharge order in a murder case - High Court’s Power to Stay Discharge Order – The High Court exercised its revisional jurisdiction to stay the order of discharge granted by the Sessions Court and directed the appellant to surrender – The Supreme Court held that an order staying the discharge is an extraordinary measure that s...
Criminal Procedure – Proclamation under Section 82 Cr.P.C. – Non-Compliance with Mandatory Procedure – Held: The trial court declared the petitioner a proclaimed person without adhering to the procedural requirements of Section 82 Cr.P.C. – No prior issuance of summons or bailable warrants before resorting to proclamation – Failure to record satisfaction that the peti...
Criminal Law - Bank Fraud – Criminal Conspiracy – Misuse of Credit Facility – Conviction Upheld – The accused, in conspiracy with a bank manager, obtained fraudulent credit facilities, causing wrongful loss to the bank – Loan limits were enhanced despite non-payment of earlier dues, and cheques presented by the accused were dishonored – Held: The appellants coll...
Criminal Law – Quashing - Medical Termination of Pregnancy – Authorization and Gestational Age – Held: Sunrise Hospital was authorized to conduct MTP up to 16 weeks – Normal gestational age calculation using LMP showed pregnancy was within the permitted limit – No violation of Section 5(3) of the MTP Act – Proceedings quashed [Paras 6, 12-14].
Medical Termina...
Quashing of Cross-Case – Delay of 12 Years – Re-Investigation Held Unjustified – The petitioner sought quashing of a cross-case (DDR) filed in 2012, arguing that he was declared innocent in the original investigation and no fresh material warranted reopening the matter – The Trial Court had ordered re-investigation without assigning any cogent reasons – Held: Re-inves...