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...
Bail – Conditions for Grant – Judicial Custody Duration – Petitioner arrested for assault with a wooden stick, causing grievous injuries – Petitioner in custody for 30 days, investigation complete, no criminal antecedents – Bail granted with stringent conditions to prevent evidence tampering and ensure compliance with legal procedures [Paras 1-10].
Criminal Jurispr...
Criminal Law – Abetment of Suicide – Framing of Charges – Section 306 IPC – Allegations based on suicide note – Deceased allegedly committed suicide due to non-repayment of loan by petitioner – Suicide note does not indicate instigation or intent to abet suicide by petitioner – Mere refusal to repay loan insufficient to constitute abetment – Insuffic...
Sexual Assault – Bail Refused – Prima Facie Case Established - The appellant, a police officer, was accused of aggravated sexual assault on a minor girl belonging to a Scheduled Caste, during an SPC (Student Police Cadet) training program – Court examined the case diary and charge sheet, concluding that the evidence prima facie supported the prosecution’s case – Held:...
Criminal Law – Conviction for Murder – Appellants convicted under Sections 302, 147, 148, 149, and 323 IPC – Based on eyewitness accounts, TIP, and recovery of weapons – High Court upholds conviction, finding no legal infirmity in trial court’s judgment – Evidence sufficiently corroborates prosecution’s case [Paras 1-20].
Eyewitness Testimony ...
Criminal Law – Acquittal in Rash and Negligent Driving Case – Petitioner’s brother died due to an alleged rash and negligent driving by accused-respondent – Trial court acquitted the respondent, citing major contradictions and lack of conclusive evidence – High Court upholds acquittal, finding no error in trial court’s detailed and reasoned judgment [Paras 1-9]....
Criminal Law – NDPS Act – Quashment of Proceedings – Denied – NDPS Act – Recovery of Contraband – Absence of Mentioned Quantity – Petitioner (A2) sought quashing of proceedings in CC No. 74 of 2023 under Section 482 CrPC – Contraband (10 small packets of Ganja leaves and ₹9,750) was allegedly recovered from the petitioner at the crime scene –...
Criminal Procedure – Preliminary Enquiry – Section 340 Cr.P.C. – Requirement for Enquiry – Petitioner argued that court should have conducted a preliminary enquiry before ordering prosecution under Sections 340 & 344 Cr.P.C. – Court held that preliminary enquiry is not mandatory if the court can form a prima facie opinion – Petition dismissed [Paras 4-39].
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Attempt to Murder – Reduction of Sentence – Appellant convicted under Section 307 IPC for attempting to murder the complainant by assaulting with an axe – Conviction under Sections 504 and 506-II IPC also imposed – Court finds lack of intention to kill; injury caused not sufficient to cause death in the ordinary course of nature – Conviction under Section 307 reduced ...
Criminal Law – Quashing of Proceedings – Serious Offenses and Settlements – Rape and POCSO Act Offenses - accused was charged with offenses under Sections 6 read with 5(n)(j)(ii) of the POCSO Act and Sections 450, 376(3)(2)(n)(f) of the IPC. The petitioner sought quashing of the proceedings on the grounds that he had married the de facto complainant, and they were now living happ...